Question
Name________________________ Section:________ Business Law - Case 8 Chapter 20_21 Employment Please answer the following questions: Mr. Jaffe Saidu (a.k.a JS) is an operational manager at
Name________________________ Section:________
Business Law - Case 8 Chapter 20_21 Employment
Please answer the following questions:
- Mr. Jaffe Saidu (a.k.a JS) is an operational manager at a large Manitoba-based manufacturing facility. He has been given a directive from the head office to reduce his headcount by 1.JS has decided on Karl Jenkins as he is the employee with the least amount of seniority and there is a demand for Karl's skills in the marketplace. Karl's work-related particulars are provided below:
- JS is meeting with HR in the afternoon and would like to be prepared. He is looking to you for advice and has sent you some questions. They are as follows: (please include any relevant sections of any relevant legislation relating to the question)
Age: 55
Position: Senior Systems Analyst
Years of Service: 6
Education: Specialized in Advanced Supply Chain Management
Salary: $4400 /Month
- As the termination is a result of downsizing, JS wants to know if this termination would be categorized as For Cause or Not for Cause:
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- JS would also like to know the name of the legislation that governs this type of termination:
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- JS wants to know if notice needs to be provided and requests you provide evidence in support of your answer i.e. if yes relevant sections of relevant legislation.
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- Is there a minimum amount of notice required by law in this case?If yes, what sections of the legislation should JS consult?
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- If notice or payment in lieu of notice is required as per above, what wage or salary does JS need to use to calculate payment? Please provide relevant section/s of relevant Legislation.
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- JS wants to know if giving Karl the minimum notice would be ok or if there are other legal considerations beyond statutory notice (i.e. common law) that should be factored into Karl's notice period.
- Arnold Becker works for the large company, North West Company in shipping and receiving. He injured his back on the job, is disabled, and can no longer perform his duties.His manager, Jason Wantstofireyou, feels terrible but feels the employment contract has been frustrating and that he must let Arnold go so this important position can be filled with an able-bodied person as Jason cannot think of any other positions suitable for Arnold.
Jason is now seeking your advice on the following questions:
2.1 According to the Employment Standards Code, does the North West Company need to give Arnold notice?Cite the relevant section/s in your answer.
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- Jason wonders if the North West Company needs to accommodate Arnold's disability before they consider the contract frustrated. What legislation would you suggest Jason needs to consider?
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- What section/s of the legislation should Jason consult in regard to accommodation?
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- If the Northwest Company must accommodate Arnold, are there any limits to the extent to which the company is expected to accommodate Arnold's disability what legislation or authority supports your position?
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