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Inez got a job working in a warehouse. There are plenty of jobs that need to be done, from scanning incoming and outgoing orders
Inez got a job working in a warehouse. There are plenty of jobs that need to be done, from scanning incoming and outgoing orders to hauling 20kg boxes. Inez complains that carrying the heavy boxes is aggravating her shoulder disability that is making it increasingly painful and difficult for her to work. Her supervisor tells her, "If you don't want to do heavy lifting then you shouldn't be in this job." Inez keeps being assigned to hauling heavy boxes, even though there are plenty of other less labour Intensive tasks she could do around the warehouse. 1. Assess whether Inez's employer is liable for discrimination. Do any defences apply? (7 marks) 2. Assume Inez's employer drastically cut her pay due to her complaining about her shoulder. The employer wants to fire Inez immediately, but does not want to pay her pay in lieu of notice, so he cuts her pay in order to push her to quit. Can Inez's employer do this? Explain why or why not and any liabilities that the employer may incur. (5 marks) 3. Assume Inez's career with with her employer lasted twenty-seven years, during which time she never specialised in any particular field. She didn't rise very far in the business, only becoming a lowlevel supervisor, but she did receive regular raises. Her employer terminated her employment without just cause when Inez was age 61. The economy is doing poorly and the demand for warehouse workers is low. a) How much notice would Inez be entitled to under the Employment Standards Code? (1 mark) b) Assume Inez's employment contract does not exclude common law notice. Which factors are likely to indicate more or less common law notice? (10 marks)
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