The Case of Mrs. Hakim

The facts of the case are not in dispute. The Big Bus Company advertised for a Controller and the advertisement was on the basis that such person would be hired as an employee. Mrs. Hakim applied for the position and was successful in being hired. In the hiring process, the parties negotiated an agreement at the initiative of Mrs. Hakim whereby her company 5000 Alberta Ltd. was to be the contractor to the Big Bus Company.

The contract describes the contractor as an independent contractor, however:

• An earlier draft of the agreement shows that the original draft had a clause for vacation pay which was removed. When the vacation pay was removed, the general compensation was adjusted upward reflecting the deletion of the vacation pay.
• The hours of work were to be the daily working hours of The Big Bus Company.
• Mrs. Hakim was to work full-time and as required to complete the services outlined in the contract.
• The contract indicated that the Big Bus Company was to supply all equipment and tools.
• The contract indicated that at all times Mrs. Hakim would be duly licensed and recognized as a Professional Accountant.

Mrs. Hakim had no other form of business throughout the term of her work with the Big Bus Company. She had no other sources of income.

The final contract was signed on September 29, 2017, and Mrs. Hakim commenced work on November 9, 2017.

Around noon on the first day of work, Mrs. Hakim was praying in her office and the door was partially open. Ms. Roger, the owner of the Big Bus Company, entered and seeing that Mrs. Hakim was praying, left her office and closed the door.

After Mrs. Hakim had completed her praying, Ms. Roger and Mrs. Hakim had a brief discussion. Ms. Roger said she did not want to interrupt Mrs. Hakim's prayers and the two then further discussed the following:

• The scheduling of prayers and work.
• That Mrs. Hakim should close the door when she prayed in order to avoid interruptions.

In this conversation, Ms. Roger stated to Mrs. Hakim that, "you should have advised me earlier that you prayed at work." Mrs. Hakim continued to pray at work.

No other incidents occurred between Mrs. Hakim and Ms. Roger or any other personnel with respect to Mrs. Hakim's praying.

Between November 9, 2017, and January 5, 2018, conflict started to arise between Ms. Roger and Mrs. Hakim due to:

• Mrs. Hakim perceived she was being asked to perform menial jobs and had expected that as a Controller, she would be more in control. Mrs. Hakim was frustrated that she was not assigned the duties of Controller as described in the contract.

• Ms. Roger stated that because the Big Bus Company was a small business, it was necessary that Mrs. Hakim be capable of doing multiple functions and in order to do the Controller work, it was necessary to learn and appreciate the work of the other positions. As such, Mrs. Hakim was expected to do administrative and clerical work.

• Mrs. Hakim was of the opinion the accounting system used by the Big Bus Company was inadequate and had recommended a replacement. This system had been in place at the Big Bus Company for a substantial period of time.

• Mrs. Hakim had made a significant mistake in a reconciliation of payment for buses wherein certain suppliers of buses to the Big Bus Company had been paid for buses that such suppliers had not supplied to the Big Bus Company. This error was subsequently corrected without cost to the Big Bus Company.

• Mrs. Hakim was frustrated that she was not getting access to the financial records despite being hired as the Controller.

• Mrs. Hakim kept asking for a job description for her position, but Ms. Roger did not supply this.

On January 5, 2018, Ms. Roger met with Mrs. Hakim and terminated her accounting services. While the calculations were flawed, the essence of the severance pay provided was two months' severance, when the actual written contract between the parties only called for 30 days' severance.

Mrs. Hakim believes that her contract was terminated because of her religion and right to pray at work. She has filed a complaint with the Alberta Human Rights Commission and the Human Rights Tribunal will hear the case.

Questions:

1. Opening Statement by employer's legal counsel?

This question answer must include below mentioned points:

Content Includes:

• Introductions
• Credible case theory
• Summary of what happened (Facts)
• Summary of witness testimony (Facts)
• Legal elements and review of applicable law (Issues/Law)

Content Explains:

• What you want judge to decide (Conclusion)\

Organization

• Includes introduction and conclusion
• Logically organized
• Tells story of case

2.Questioning employee witness by employer's legal counsel?

3.Cross examination of employee witness by employer's legal counsel?

4.Closing statement by employer legal counsel?