Question
(Course: Employment Law) Access the BC Human Rights Tribunal website atwww.bchrt.bc.caand complete the following tasks: Surf the website to gain a better understanding of what
(Course: Employment Law)
Access the BC Human Rights Tribunal website atwww.bchrt.bc.caand complete the following tasks:
- Surf the website to gain a better understanding of what the Tribunal does on a day to day basis;
- Find and read the decisionof Mottu v. Macleod, [2004] BCHRTD No. 68 (alternatively listed as No. 76).This is a great example of a typical harassment claim.
- Find another more recent case (2013 onwards) involvingdiscrimination during employment (Section 13)in B.C. and summarize the case as outlined below for your case summary.Pleasenote that some decisions on the Tribunal Website are for applications to dismiss or other technical applications- DO NOT PICK ONE OF THESE DECISIONS AS IT WILL BE DIFFICULT FOR YOU TO COMPLETE ALL ASPECTS OF YOUR CASE SUMMARY.Instead you will want to find a case that offers a complete decision of a case, not a technical application.
- Remember these are summaries and should provide sufficient information for someone reading your work without a background in the case. I always suggest you write as if you are speaking to someone who is not familiar with the case or the law.Your summary should contain roughly 3-7 sentences for each of the following headings:
- Facts (Can be point form)
- Introduce the "players", set the scene, but DO NOT explain the law or the decision in this section.Provide as much information as a person whom has not read the case will NEED TO KNOW.Focus on the essential details.
- Alleged discrimination/Violation of the Code
- Identify the legal issue(s) and define them/link them back to the Code, but do not explain how the tribunal addresses these issues.Keept this section short but very focused on the issues/allegations.
- Decision of the Tribunal (MOST CRITICAL SECTION)
- This section is all about explaining HOW the tribunal reviews and then arrives at their decision for EACH legal issue/allegation.You want to explain the decision on the basis of how that decision was reached.Be careful NOT to explain WHAT was decided but instead HOW each issue was dealt with.This section is about explaining the application of the law to the issues you identified in the previous section.This section should be the most detailed of your summary.
- Final Result (Brief summary)
- This section is really about explaining WHAT was decided.This section will be brief and note for instance any award or compensation that was decided.
- Personal Analysis
- Your thoughts from the perspective of an HR professional on the behaviours/actions of the employer as well as the way in which the Tribunal applied the law to the facts.
Note that the most important part of your summary is to clearly identify all relevant legal issues and then describe how the court or tribunal addresses/responds to these issues.Thus, describing HOW the final decision was made is very important in both of your summaries.
Please donotcopy text directly from the case. Use your own words to summarize the case based on the criteria listed above.
source: a college website.
Write A
Answer length ABout 4-5 pages maximum.
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