Question
After finishing university, Mariette is looking for a job. She checks for job advertisements on several large, wellknown, and reputable online sources, and pursues a
After finishing university, Mariette is looking for a job. She checks for job advertisements on several large, wellknown, and reputable online sources, and pursues a few lesserknown sources on the recommendation of several of her former professors. After submitting what seemed like endless resumes, Mariette received several interview offers, one of which was particularly appealing to her, since it was for an entrylevel position in a company she had always wanted to work for. The interview process went well, and she received several job offers, including one from the company she wanted to work for. During that interview, Mariette was promised that the job would involve a lot of independent work and responsibility for projects after an initial training period of three months. This statement, combined with the fact that she had wanted to work for the company for a long time, led Mariette to accept the job offer. Once she had signed the employment contract and had begun work, she went through the initial training period, but her responsibilities didn't change, and she began to find her work limiting. She also began to notice that some of the employees at her level who had started around the same time she had started were being promoted ahead of her. Several were not as qualified as Mariette. She noticed that all of the employees receiving promotions were men. While this was occurring, the office support staff, all of whom were unionized, were trying to renegotiate their contract. The bargaining went badly, and there was a short strike lasting three days. The situation was resolved, but things were tense for a little while, especially since the support staff had been picketing directly outside of the entrance to the office. By this time, Mariette had worked for her company for a little over two years. One day, she was called into her supervisor's office and was told she was being let go. She was also told that this was effective as of the end of the work day on that day. No cause was given. Mariette was very surprised, and angry. After discovering that she would get no further pay after the day of her termination, Mariette decided to take legal action.
Question 1. Analyze the situation and advise Mariette on how she should proceed?
case 2. A group of music lovers in a large urban area incorporate a company, Mozart Holdings Ltd., in order to purchase land and build a music hall that they claim will be "a glittering jewel in the cultural crown" of the city. The corporation selects an architectural firm that will design the building, a construction company that will construct the music hall, and chooses other suppliers who will provide goods and services necessary to the planning and development of a unique structure. One of the contracts that Mozart enters into is with an artist, Paige Presley, who is commissioned to produce an artistic work for the main lobby of the music hall. Presley is to be paid the sum of $50 000 for the work, and Mozart stipulates that the work is to be in any medium, but it must be permanently affixed to the north wall of the lobby, and must be of a size no less than 10 metres by 15 metres. The artist and the corporation enter into a written contract whereby the artist agrees to create the artistic work, warrants that it is her original work, and transfers the work to Mozart Holdings Ltd., in consideration of payment of the agreedupon contract price. No mention is made of moral rights. Presley designs and creates an artistic work that is an abstracted representation of musicians, musical instruments and musical notes on a scale. The work is created out of a series of more than two hundred 30 cm by 30 cm ceramic tiles that are made by the artist by hand and fired in her kiln in her studio. The artist and two assistants install the work on the north wall of the lobby, in time for the official opening of the music hall. The work is titled "The Song of Ages." Presley attends the official opening for the music hall, at which many dignitaries are present. Media representatives are present, and photographers take pictures of the lobby, the people present, and Presley's artistic work. At a table in the lobby, Presley notices a brochure that solicits funds from donors, asking them to contribute to the operation of the music hall. Donors are promised various "gifts" for donations at different levels of giving, ranging from music CDs for donations of $50 to $100, up to the "benefactor" level. Those who make a donation at the benefactor level will have their name inscribed in one of the tiles that form the work "The Song of Ages."
Question 2: Presley is incensed and embarrassed that her art would be defaced in this fashion. She considers commencing a court action, seeking an injunction. Evaluate the situation and advise what chances of success she has and on what grounds?
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