Case Scenario # 1 Red Tape Ltd. is a large privately held company...

Case Scenario # 1 Red Tape Ltd. is a large privately held company (non-unionized) that conducts business in multiple locations throughout Winnipeg, Manitoba. The owner Sarah Sharpe, recently took over the business over from her mother. It's annual payroll is approximately $20M. Red Tape Ltd. recently lost a significant customer and has taken a number of cost-saving measures: -eliminated a senior management position, held by Trevor Snow, MBA -decrease pay and benefits by 30% to the 10 employees employed in the Paperwork department, located in the company's Winnipeg Square location. Trevor was asked to leave immediately and was assured that Red Tape Ltd. would meet all requirements of the Manitoba Employment Standards Code. He did not receive a letter of termination at the time of the meeting. His most recent employment agreement does not have a contractual notice provision. Trevor had been employed continuously by Red Tape Ltd. for 15 years. He currently earns $100,000 annually and has 4-weeks of vacation. He also participated in a comprehensive benefits plan, all premiums paid for by Red Tape Ltd. that included short & long term disability benefits, extended health and dental coverage, and life insurance. The decrease to pay and benefits for the 10 employees employed in the Paperwork department will be a 15% pay cut, effective immediately and the premiums for health and dental coverage will no longer be paid for by Red TapeLltd. All 10 employees will begin paying the premiums immediately. Your Advice: You are the HR Manager reporting directly to the new owner Sarah Sharpe. You are asked to advise her on the steps she has outlined to save the company. What advice would you give her and why? Back up your advice with case law and rationale. ===============

Case Scenario # 2 You are an HR consultant with a large manufacturing firm located in Brandon, Manitoba. One of the senior managers Kevin Temper, has contacted you about the following situation. He has just finished a performance evaluation meeting with one of his employees, Allan Sweet a 30 year employee who has worked on production. Allan is 60 years old. Allan became very upset during the meeting. He and Kevin began raising their voices to each other and then stood up to face one another. Allan was very emotional and shouted at Kevin: "Okay, if that's the way you feel about me, I quit!" He then went to his desk, took his personal belongings and left the building very upset. Kevin shared with you that he in fact he is delighted with the resignation because Allan has been a difficult employee for some time. Kevin has asked you what he needs to do to ensure he is gone, but wonders whether there's anything he needs to know about the law in this area before he starts hiring a replacement for Allan. Your advice: As the HR professional advising Kevin Temper, about this situation what advice would you give him and why? Back up your advice with case law and rationale.

==================

Case Scenario # 3 Your best friend Fred Caring, who is a single parent raising his young son, has just been terminated with cause. The reason cited was that Fred was constantly late for work. Fred told you that he often has trouble getting to work on time because of difficulty making child care arrangements. Fred held the role of a customer service representative (CSR) in a manufacturing plant in Steinbach, Manitoba. He was recently moved from a 8 AM start to a 7 AM start. He was not given any notice for the change nor told the reasons why for the change. Fred told you that when he was working on the 8 AM shift, he was never late, nor sick. In fact, he had received glowing performance reviews. There are six other representatives who work with him as CSR's on varying shifts.

Your advice: What advice would you give to your friend Fred on this situation? Can you prove prima facie discrimination based on family status? Explain your answer with reference to the Johnstone case (Canada (Attorney General) vs. Johnstone. Take on the role of HR professional for the employer - What steps could an employer take to demonstrate undue hardship standard in this case? ==========================

Case Scenario # 4 You are the HR generalist for a small chocolate factory, Sweet Treats located in Winnipeg, Manitoba. Yesterday, the shop manager Mr. Black called you and told you that he caught Maria - his key media spokesperson, posting Instagram and face book posts supporting their competitor. She has admitted to him that she has been "moon-lighting" - taking part- time jobs doing social media for the competitors. She states that Mr. Black doesn't pay her enough and she had to resort to taking on other work. Maria is an hourly employee and has been working for Sweet Treats for 20 years. She is 50 years old and this is the only work she has ever done. He is furious and wants to terminate her for cause, citing inappropriate off-duty conduct and a conflict of interest.

Your Advice: As the HR professional advising Mr. Black, what advice would you give him and why? Back up your advice with case law and rationale. How concerned are you about an employer's ability to summarily dismiss someone for behaviour undertaken on their own time? For what kinds of off-duty behaviour do you think the employer ought to be able to summarily dismiss an employee? ====================

Case Scenario # 5 You are the HR Manager at a local retailer in Winkler Manitoba. Jane one of your key payroll advisors is very knowledgeable and quite the payroll expert. Some of her ideas have saved the company considerable amounts of money. However, over the past 9 months Jane has missed over 40 days for a variety of reasons. Some of the reasons were the flu, colds, sinus infections, a fall where she hurt her back and most recently, she now claims she has gastrointestinal "issues". Doctors notes are sporadic. The payroll manager has called you, he is very frustrated with her unreliability and wants to terminate her employment. Your Advice. What advice would you give the payroll manager? Back up your advice with case law and rationale. What breach of contract is this? Is this "innocent absenteeism"? In what circumstances is an employer expected to satisfy the duty to accommodate to the point of undue hardship?