The purpose of this assignment is to give you an opportunity to demonstrate your ability to analyze business scenarios, and to demonstrate your knowledge of workplace law from a business' perspective, including in relation to hiring, the differences between employees and contractors, employment contracts, and termination of employees.

How to Proceed

1. Read Chapter 9: Workplace Law (Canadian Business Law, 3rd ed.) and Unit 10 notes.
2. Read the below fact patterns.
3. Answer the questions related to the fact pattern. Note that the facts provided in the scenario are to be applied to the concept of workplace law. You do not need to ask "what if" questions about the existence of other facts.

Fact Pattern 1

Dakota is the owner and manager of a technology services company called Dakota Systems Inc. Since beginning the business, Dakota has been its only full-time employee. The company has grown substantially since its inception, and Dakota can no longer provide all the services that the company offers without additional help. Dakota has never hired anyone in the past. Dakota decides that the company should hire a Systems Analyst to provide services on behalf of the company to its customers. Dakota is unsure of whether the person they hire will be a full-time employee or an independent contractor.

1. What is an independent contractor?
2. What differentiates an independent contractor from an employee?
3. After considering their options, Dakota decides that they would like to engage an independent contractor as a Systems Analyst. What can Dakota do in order to ensure that the person they engage meets the definition of an independent contractor?

Fact Pattern 2

Dakota asks you for advice in drafting the job posting for the Systems Analyst position and the hiring process generally.

1. In drafting the job posting, what are some of the matters that you should consider in relation to the job posting itself and requirements of applicants, in order to minimize potential risks for the company?
2. When interviewing candidates, what are some matters that you can't consider when hiring an employee for the Systems Analyst position? Name at least 3, but not more than 5, and 2 exceptions to these matters.
3. One of the requirements in the job posting for the System Analyst position is that the person must be proficient with computers. One of the applicants discloses in their application that they have a visual impairment that requires special equipment for them to be able to work with computers. What does the company have to consider in relation to hiring this potential employee with regard to their additional requirements?

Fact Pattern 3

Dakota Systems Inc. decides to hire the systems analyst as a full-time employee. Dakota asks you to handle the hiring of the successful candidate and the employee's contract with Dakota Systems Inc. The systems analyst position is fairly specialized, and the applicant is somewhat of a "senior employee." Dakota wants to ensure that the candidate's contract is sufficiently customized.

1. What are some matters to consider when drafting and entering into the employee contract in order to help mitigate Dakota Systems Inc.'s risks?
2. Dakota is concerned that the systems analyst may use this employment opportunity to gain knowledge about Dakota Systems Inc.'s business operations and then potentially start a competing business. Dakota asks whether there is anything that can be drafted into the contract to protect Dakota Systems Inc. from this risk by restricting what the systems analyst can or can't do after they leave the company. What are some provisions that could be included to this effect?

Fact Pattern 4

The systems analyst works for Dakota Systems Inc. for some time, but unfortunately Dakota is not impressed by their performance. The systems analyst's probationary period has already elapsed. Dakota asks you to consider Dakota Systems Inc.'s options in relation to the systems analyst's employment with the company.

1. Dakota asks you whether the company can terminate the systems analyst for their poor performance without providing notice or payment in lieu of notice. What are some of the matters that need to be considered in relation to this kind of termination?
2. It is likely that the systems analyst's poor performance does not meet the standard for just cause termination. Dakota asks you to consider how the company can terminate the systems analyst without cause. What are some of the matters that need to be considered in relation to this kind of termination?