Topic: Employment Law

Inez got a job working on a construction site as a general day labourer. There are plenty of jobs that need to be done, from directing traffic due to a closed-off lane on a nearby road to carrying heavy 20kg bags of cement up several flights of stairs. Inez complains that carrying the bags of cement is aggravating an old shoulder injury that is making it increasingly painful and difficult for her to work. Her supervisor tells her, "If you don't want to do heavy lifting then you shouldn't be in this job." Inez keeps being assigned to hauling bags of cement, even though there are plenty of other less labour intensive tasks she could around the site.

1) Assess whether Inez's employer is liable for discrimination. Is there any defences apply? (6 marks)

2) Assume Inez's employer drastically cut her pay due to her complaining about her shoulder. The employer wants to fire Inez immediately, but does not want to pay her pay in lieu of notice, so he cuts her pay in order to push her to quit. Can Inez's employer attempt to do? Explain why or why not and any liabilities that the employer may incur. (3 marks)

3) Assume Inez's career with with her employer lasted twenty-seven years, during which time she never specialised in any particular field. She didn't rise very far in the business, only becoming a low-level supervisor, but she did receive regular raises. Her employer terminated her employment without just cause when Inez was age 61 and, due to an economic slowdown, the demand for on-site construction workers reduced dramatically.

a) How much notice would Inez be entitled to under the Employment Standards Code? (1 mark)

b) Assume Inez's employment contract does not exclude common law notice. Which factors are likely to indicate more or less common law notice? (5 marks)