Henry has worked for N 49, a small manufacturer of transistors, as a production supervisor for 15 years. He is 42 years old and the oldest member of the young workforce. He is also the only member of the production team paid a regular salary rather than an hourly wage, and the only one with a non-competition agreement which restricts him from working for any other electronics component manufacturer in the province for five years following the termination of his employment. With N 49 except as a result of a layoff. Due to COVID-19 and as a part of a recession work plan, management at N 49 demanded that he and the other production workers be reduced to six-hour shifts but to be on call, including weekends, without any extra pay if there is a demand spike. Henry explained to his boss Ted that he couldn't follow this plan as it would require him to be available on the weekends when he must be available to look after his young children so that his wife Haley could go on her shifts as an emergency medical service Dispatcher. N 49 is not a unionized environment, though one of Henry's colleagues has suggested getting certified as a supervisor and is the only salaried employee. Henry is not sure if he would be part of any such bargaining agreement. Indeed, management believes that it might have to shut down the company if a Union was formed and they were forced to capitulate to a union's demands. Haley's sister is married to Ted, who spearheaded and approved the recession work plan in the first place. Carissa is a stay-at-home Mom to challenge twins and the family. Even potentially her sister Haley and her husband Henry would be severely impacted if Ted's job were to be in jeopardy. Henry has come to you for help with possible solutions to his dilemma.

Does Henry have the right to request accommodation and why? Assuming Henry is 'wrongfully dismissed'. Is he still bound by the provisions of a non-compete clause? You may want to read: Globex Foreign Exchange Corporation v. Kelcher, 2011 ABCA 240 (CanLlII). * Does COVID-19 or any other similar pandemic make it easier for employers to dismiss employees? Would joining a union necessarily be the best solution? Say that Henry's job characterization is in question. It is not clear whether he is an employee or independent contractor. Could you help us to understand the major differences between an employee and an independent contractor? You may want to read this case: TBT Personnel Services Inc. v. MNR (2011), 422 N.R. 366 (FCA)