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confirm and anwser below information and questions and reference Jurisdiction and Sally's Been Sacked! Jurisdiction Which labour and employment laws apply to these organizations or

confirm and anwser below information and questions and reference

Jurisdiction and Sally's Been Sacked!

Jurisdiction

Which labour and employment laws apply to these organizations or employees? Assign either Federal or Provincial jurisdiction to the following organizations by inserting a "X" in the appropriate column. Note: insert only one "X" for each question.

# Organization or Group Federal Provincial
1 Fraser Valley University X
2 International Forest Products Pulp Mill X
3 VanCity Credit Union X X
4 Kraus Farms X
5 Dollarama X
6 Coast Guard X
7 Costco X X
8 City of Surrey RCMP X
9 Safeway X X
10 Langley School District X
11 Air Canada X
12 Border Services Agency X
# Correct: (instructor use only)

Sally's Been Sacked!

History

Sally was a Driver at HandyDART for 13 full years. When Sally was a Driver, she was a union member of Unifor. Three years ago, she applied for and was given the position of Depot Manager to manage one of the six Depots in Metro Vancouver. In this role, Sally manages day to day operations of the Depots as well as the drivers and admin staff. Sally reports to the General Manager of Operations. To improve operational efficiency, HandyDART decides to reorganize its operations and eliminates Sally's position. When she took the promotion to Depot Manager, Sally became a "manager" pursuant to the labour code.

Sally is a neighbour of yours. She knows that you are an HR professional and she tells you she has just been fired and asks you to advise her as to her legal rights.

Issues

You need to decide how much "service" Sally has with the employer and what her options are. As you answer the questions below, think about what she should be entitled to, and if she doesn't get what is due to her, where should he pursue a remedy for that? How should HandyDART handle this issue?

Please answer the questions below in PDF format.

Assignment

You have to give Sally some advice about her rights. Answer the following questions by filling in the required information in the space provided or highlighting the correct answer. Note: answer only one column for each question. If both are answered, that is automatically a wrong response.

  1. Which jurisdiction applies?

(mark "X" beside your choice)

Federal

Provincial

X

2. What clause in the Labour Relations Code of BC defines whether Sally is an employee? Be very specific: Sally was a union member so according to the BC Labour Code part 2 section 4(1)" every employee is free to be a member of trade union and to particifate in its lawful activities"
3. Is she a "Management & Professional" employee? (mark "X" beside your choice)

Yes

X

No
4. How much "service" does Sally have with the employer?

Number of years of service: 13

5. How much severance is Sally entitled to?

Total number of months of severance: Sally would be entitled to 3 weeks wages due to the three consecutive years of employment , plus 8 weeks wages for each additional year of employment (1 week for each additional year of employment)

6. In what venue should Sally make a claim for severance i.e. where will she stand to get the most money?

(mark "X" beside your choice)

Employment Standards

X

Common Law Courts

7. If Sally were to make a claim for severance under employment standards legislation what sections of the Act and Regulations would apply? Be very specific:
8. Assume HandyDART recognizes that it owes Sally severance. How can HandyDART get the most for its money i.e. what is their best course of action in dealing with Sally? HandyDART should:
# Correct: Instructor Use Only

Total Score (22 max) Instructor use only

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