INSTRUCTION:

Use the Employment Standards Act to support your answers and refer to the sections of the Act you are relying on in your answers.

Based on the scenario below, please answer the following questions and email the completed assignment to your Instructor on the assignment due date. The lab is worth 15% of your final mark

DESCRIPTION OF THE SCENARIO

Joe Stefan is a 17 year-old high school student who just got his first job as a cook in a fast food restaurant. When he was hired, he provided the restaurant with his name, address, phone number and social insurance number on the job application, but he did not fill out any other papers. The manager, Marty, is a very nice guy who tells Joe that the restaurant is a very casual place to work and that the staff is like a family where everyone helps each other out. Marty tells Joe that his main responsibility is to cook and keep the kitchen clean, but he will also be expected to help out with whatever needs to be done to keep the restaurant running smoothly.

After two weeks on the job, Joe is looking forward to getting his first pay cheque. He knows that he worked a total of 16 hours in the pay period and has already calculated how much his pay cheque will be. During the first two weeks, Joe did his job as a cook in the kitchen, but he also helped by clearing and cleaning tables, stocking the kitchen and covering the cash register when the cashier took her break. As far as Joe knows, everything went smoothly except for a little accident when he dropped a glass bottle of ketchup that smashed on the floor. Marty feels a little differently. He thinks that Joe doesn't work very efficiently; it seems that when he asks Joe to do something, it takes him twice as long as it does the other staff at the restaurant. Marty is also concerned that Joe may have taken some money from the cash register. Last Saturday, the register was short and Marty suspects that Joe may have either pocketed the money or charged a customer incorrectly.

When payday arrives, Joe's pay cheque is smaller than he expected. Attached to the cheque is a statement of earnings, which shows that Joe was paid for 16 hours, with deductions for Income Tax, CPP and EI. It also shows that the employer made the following deductions: Uniform: $10.50 and Other Deduction: $12.40

At the end of his shift, Joe asks Marty about the deductions. Marty tells him that he must pay for his uniform, and the employer's longstanding practice is to deduct the cost from the employee's first cheque. Marty went on to explain that two factors contributed to the other deduction: First, the cash register was short last Saturday, and because Joe and the cashier both used the register, Marty decided to deduct half of the missing amount from each of their cheques. Secondly, because Joe dropped a bottle of ketchup, the cost had been deducted from his pay.

Joe got very upset. He didn't think it was fair that he should have to pay for the cash shortage since he only rang in one sale, and he was sure he gave the customer the correct change. He tells Marty that he is sure this is unfair and that he will call the Ministry of Labour to ask whether the deduction is allowed. Marty tells him to go home and calm down and that they will discuss the matter further when Joe comes in to work tomorrow.

When Joe gets into work the next day, Marty hands him a formal letter saying that his employment is being terminated for willful misconduct because of the broken ketchup bottle.

YOU BE THE JUDGE (Each question is worth 2 marks for a total of 12 for this section) /12

Complete the questions below using the relevant laws for this case. For each question, clearly explain what law applies and how it contributes to the answer you've provided.

1.Do you think the employer was justified in deducting money from Joe's pay cheque for the uniform without mentioning it to him first?

2.Should Joe have to pay for the broken bottle of ketchup? Explain.

3.Do you think that breaking the ketchup bottle constituted "wilful misconduct" on Joe's part? Why or why not?

4.Did Marty have to give Joe written notice of termination? Why or why not?

5.Do you believe that the employer fired Joe because of the broken ketchup bottle, or was it an act of reprisal? Explain.

6.Where do you think Joe could get assistance or information about his rights? Find a website or phone number that he might use.