INSTRUCTIONS

The Final Oral Assignment is a role-playing assessment. You and your partner will play the role of an HR manager and I will be your boss.

There are three parts to the Final Oral Assignment:

Part 1: Identification of employment law issues - due before class in Week 11

Part 2: Written notes - due before class in Week 13

Part 3: Meeting between you as HR managers and me your boss - Week 13

Each pair is assigned a news article or video (see table below). We will use the facts from the article/video as a springboard to discuss the employment law issues the employee's conduct raises.

Please note the following:

• The facts for the role-playing come from the article/video that I assigned to you and your partner (see table below)
• Your article/video identifies the conduct/misconduct that we will discuss (i.e. racist rant, breaking the law, violating public health rules, public obnoxious behaviour etc.)
• Your job is to identify all the employment law issues the employee's conduct/misconduct raises, explain the law on those issues and give me (your boss) advice on how you think we should deal with this employee (i.e. should we terminate the employee) (Note - it does not matter what happened in real life to the employee - we are only using the article to give us the facts of the conduct/misconduct)
• Our meeting takes place when you, as the HR manager, first find out about the conduct/misconduct (i.e. when we find out about the sexual harassment, when the video goes viral etc.). You come to me as soon as you find out about our employee's conduct/misconduct (so in other words - for the purpose of this assignment it is irrelevant what happens in real life to the employee who engaged in the conduct/misconduct (i.e. it is irrelevant that they were terminated in real life))
• There is no point trying to find out what action the employer took against the employee in real life - it is irrelevant and will not help you
• While some of the articles/videos are from the United States, you must apply Canadian employment law (one of the many reasons why what actually happened to the employee in real life will not help you)
• If your article/video involves or raises criminal law issues - please note we are not addressing that. We are only dealing with the employment law issues
• If your article/video involves a health and safety issue, you will obviously raise and discuss it. But please note, apart from acknowledging that it is a health and safety issue that could violate the Occupational Health and Safety Act, you do not need to address anything else from Chapter 8 (which we will not cover in this course). Instead, you must examine the other employment law issues your article/video raises

PART 1: IDENTIFICATION OF EMPLOYMENT LAW ISSUES

Before class in Week 11, you and your partner will upload one Word document on behalf of both of you to DC Connect that identifies the following:

I am only looking for a list of the employment law issues that apply to your article/video. I am not looking for an explanation of those employment law issues or how they apply to your article/video. The goal is to have you start this assignment before Week 11, submit the list of employment law issues, get my feedback by Week 12 and then apply my feedback to your benefit in your written notes and meeting.

While I am not going to identify the specific employment, law issues your article/video raises, you should consider how/if the following apply:

• Employment Standards Act, 2000
• Privacy
• Human rights
• Duty to accommodate
• Health and safety
• Harassment
• Off-duty conduct of employees
• Policy manuals
• Termination with or without cause
• Constructive dismissal
• Vicarious liability
• Potential lawsuit(s) against employer
• Resignation
• Procedural fairness

PART 2: WRITTEN NOTES

Before class in Week 13, each student must upload to DC Connect their written notes that they will be relying upon during the meeting.

Your written notes must address (the same things that you will address in the meeting):

1. Identify all of the employment law issues our employee's conduct/misconduct raises
2. Explain what the law is for each employment law issue
3. Propose how we should manage/address/resolve each of those employment law issues
4. You must refer to two relevant cases (and the cases must be from our textbook - identify the case name i.e. Queen v. Cognos page 86)

file:///C:/Users/Abdulrahman/OneDrive/Desktop/Employment%20Law%20for%20Business%20and%20Human%20Resources%20Professionals,%204th%20Revised%20Edition%20(2019)%20Filsinger.pdf

Please note the following:

• Each student must write their own written notes
• You may not share your notes with your partner (or anyone else)
• If you copy your partner's written notes (or anyone else's), you will both get zero. If you use your partner's notes as inspiration (or anyone else's), you will both get zero. If you share your notes with your partner (or anyone else's), you will both get zero
• You and your partner can and should absolutely work together to identify the employment law issues, identify the law, discuss how you think we should address the issues and identify the cases.But the actual writing of the notes must be done 100% independently
• If you do not submit your written notes, you will lose 50% of your mark
• If your written notes reflect that you have not taken this seriously and spent significant time preparing, then you will lose up to 50% of your mark. Therefore, ensure that your notes reflect a comprehensive analysis
• Your notes should be 3 pages in length. It should be single-spaced, with a font size of 11 or 12. You may use point-form
• All work must be properly cited - so any ideas that are not your own must include quotes and/or a citation

PART 3: MEETING

Each pair will only attend for their own timeslot and will not watch other pairs present. If you are unable to attend at the assigned time, you must tell me by Monday, March 21. If you do not reach out to me by this date, you will not be permitted to change your timeslot.

You will lead our meeting. You can expect that I will ask questions, but it is your responsibility to address the following in the meeting (same as what is in your written notes):

1. Identify all of the employment law issues our employee's conduct/misconduct raises
2. Explain what the law is for each employment law issue
3. Propose how we should manage/address/resolve each of those employment law issues
4. You must refer to two relevant cases (and the cases must be from our textbook)

Please note, all of the marks are for the meeting. Parts 1 and 2 are required in order to have you be successful in Part 3 - the meeting. Why is the meeting worth all the marks? Because in real life, the vast majority of the time you will be giving your HR advice orally and directly to your boss - so that is what we are trying to replicate.

RUBRIC

	Exceptional (negligible errors)	Strong (minor errors)	Capable (intermittent errors)	Developing (numerous errors)
IDENTIFY EMPLOYMENT LAW ISSUES	Fully and completely identified all employment law issues (5 marks)	Identified most of the employment law issues (3-4.5 marks)	Identified some of the employment law issues (1.5-2.5 marks)	Identified one or none of the employment law issues (0-1 mark)
COMPREHENSION OF THE LAW	Fully and completely understood and explained the law as applied to the scenario (5 marks)	Comprehension of the law is mostly demonstrated as applied to the scenario (3-4.5 marks)	Some comprehension of the law is demonstrated but lacks specificity as applied to the scenario (1.5-2.5 marks)	Limited comprehension of the law is demonstrated as applied to the scenario (0-1 marks)
PROPOSED ACTION	Proposed action is thorough and complete (5 marks)	Proposed action is reasonable but minor things missing (3-4.5 marks)	Proposed action is reasonable but not comprehensive and several things are missing (1.5-2.5 marks)	Proposed action lacks specificity and is missing most things (0-1 marks)
ORGANZIATION	Organized, clear, concise and succinct (5 marks)	Mostly organized, clear, concise and succinct (3-4.5 marks)	Somewhat orgnized and clear. Not very concise or succinct (1.5-2.5 marks)	Not very well organized nor clear. Not concise or succinct (0-1 mark)
SUB-TOTAL				/20
DEDUCTIONS	Late for timeslot - 5 marks Exceeded 10 minutes - 10 marks Monopolized time to the detriment of partner - 10 marks Unprofessional conduct - up to 10 marks Inadequacy of written submissions - up to 10 marks Missing cases - 2 marks per case	TOTAL /20

SCENARIO #10

Man harassed MSNBC weatherman on live tv

https://www.cnn.com/videos/business/2021/08/30/msnbc-shaquille-brewster-live-hurricane-orig.cnn-business

• We work at MSNBC
• You are the HR managers at MSNBC
• I am the CEO at MSNBC