Question
please assess all illegal employment law related issues (in Canada) and identify specific laws in relation to how they are violated. the aim of this
please assess all illegal employment law related issues (in Canada) and identify specific laws in relation to how they are violated. the aim of this assignment is: "In your analysis focus on the role that legal regulation has played in shaping this person's work experiences. Be sure to think about and consider the different types of legal norms and regimes (common law, statutory, etc.) that regulate work relations in Canada, and in Ontario specifically. Also, reflect on particular circumstances, regulatory gaps and other problems that might affect how someone navigates and experiences the world of work at different life stages or because of their social location."
My interviewee has a relatively long work history, as she has been working for 28 years as of 2024. She obtained many jobs throughout her life, she obtained her first job when she finished college at 17 years of age. She obtained her first job through her school and she worked there until she was 25. She did go through an interview process, where she was deemed to have the qualifications for the position she applied to. She explains that her interview process was relatively easy and straightforward in terms of her skills and what the job entails. She was born in Turkey and lived and worked there until she was 25, and then immigrated to Canada. She is a Canadian citizen now, but she explains that her immigration process has been harsh, especially in terms of her employment.
On her first day, she was provided with a tour of the hospital she was going to work for and was trained accordingly. Her training took about a week, as this was her first time working as a nurse. Her position as a nurse included duties such as taking care of patients, administering blood work and urinal work, administering patients' drugs, transferring patients from beds to wheelchairs and constantly checking in on patients to ensure their health safety. She describes this job to be quite intensive in workload. She explains that she was initially hired as a general nurse to work within her station, but her workplace had her work as an ER and Newborn nurse at times as needed. She describes that these positions required more intensive work compared to her station. At times, she wanted to decline these requests but she feared losing her job and had to fulfill these positions as needed. These expectations were not communicated upon neither the interview process nor during her training.
She did not have a set schedule, though she would be scheduled at least 5 days a week. Her working hours differed, and her schedule would be published weekly which made it
harder for her to plan her day-to-day life. She had to quit this job as she was planning to immigrate to Canada. When she arrived in Canada, she faced many challenges as an immigrant. Her college degree and her past work experience as a nurse in Turkey were disregarded. Workplaces would not consider these two factors in regard to her employment, as she lacked Canadian experience.
She then obtained a position as a cleaner. She explains that this position was quite hard to obtain due to her lack of proficiency in English. Many places would not hire her, and she found this job through an inside referral from a family friend. She received training in this workplace, and her main duties includedsweeping, mopping, cleaning bathrooms and windows, restocking dispensers, toilet papers and taking out the trash. She had a set schedule from 9AM-5PM, 5 days a week. She worked in this position for 5 years until she could save up enough money to get an education in Canada. In her last 2 years of working there, she attended college for a PSW program where she would attend night classes and work during the day.
When she graduated, she obtained a volunteer position as a healthcare assistant. This was due to her inability in obtaining a job within her field due to her lack of Canadian experience within the healthcare field. She provided 6 months of unpaid, volunteer work before she was offered a PSW position. She mostly performed PSW duties in her volunteer position. She felt that this was illegal, but could not stand up for her rights as she was hoping to obtain a job. She worked without a contract, as her position was a "volunteer" one. When she started working as a PSW, her duties included providing bedside and personal care to patients, moving them from beds to wheelchairs, bathe them, groom them, help them use the bathroom and get dressed and undressed. She was trained on all of these duties in the workplace. Her scheduling was not consistent and she would often work double shifts in this position, which made her day-to-day
life harder to plan.
She worked here for about 5 years. In the meanwhile, she attended university for 4 years. In her last year, she was pregnant and as soon as she learned, she informed her workplace that she would take a leave in her last month of pregnancy. She faced many challenges within this workplace. Firstly, they were not accommodating of her religious needs. She is muslim and per her religious beliefs, she is required to pray 5 times a day. When she requested accommodations to pray, which would take 15-20 minutes each, the workplace stated this would takeaway from her working hours and refused her request. She states that this was challenging as she would work double shifts often and would come home and have to make up for those prayers which would take a long time. She stated this was physically and emotionally challenging on her end, as she felt discriminated against.
Secondly, she was let go from her position as a PSW without any prior notice. She was told that the workplace was reducing the numbers of employees, when she arrived for her shift one morning 7 months into her pregnancy. She states that this was due to her pregnancy, as she was the only worker they let go of at the time. She states that this was challenging, as many workplaces would not want to hire her for a month, and approve her leave for pregnancy. She believes this was also illegal, but did not really take the initiative to pursue legal action. She also did not receive a severance package. Instead, she claimed EI and took 8 months off from working to provide care for her newborn and emotionally recover. She states that the money she received from EI was not close to what she would have made if she worked.
After taking some time off from work, she started seeking employment again. She states that finding employment was easier this time, as she had had Canadian experience, a university degree and proficiency in English. She was able to find a job, where she was interviewed and
offered a position at a hospital as a nurse on the spot. She is on a contract at this position, but she is a part-time worker. Since she wasn't able to get enough hours from this job, she obtained a second job at a nursing home as a nurse. She is also on a contract for this job, and she is a part-time worker. She often works full-time hours, but her employers will not provide her with a full-time title, as this would make her eligible for benefits. She did not have the power to negotiate any terms of her employment. Both of her positions require herassisting patients with medicine administration, taking care of them and their physical and mental needs, recording patient's medical history, and conducting physical examinations when needed. She has been trained in both jobs, and she receives training regularly as needed, and gets compensated for training. She is often required to provide more labour, which is not stated in her work contracts. She feels obligated to perform such duties as she fears termination of her employment.
She also notes that they are often short staffed, and have to provide more extensive labour and take upon more duties. This is due to her workplace management refusing to replace people who call in sick. She underlines that she is not compensated more for working short staffed. She states that workplace at the hospital often follows employment laws, but her workplace at the retirement house fails to do so. She believes that this is due to the retirement house being privately funded, and prioritizing patients' needs over workers. She states that many times, workers have been fired due to patient complaints. She notes that she often has to pick up extra shifts, which is released 15-30 minutes prior to a shift starting. Lastly, she notes that she faces many scheduling clashes, and often has to work overtime with no compensation as her scheduling hours are6AM-2PM, 2PM-10PM or 10PM-6AM. These factors affect her day-to-day life as she has a young dependent child. Overall, she's aware of her legal rights within the workplace but feels that she could lose her job if she pursues legal action.
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