Question
You operate a small retail boutique specializing in the sale of quality leather goods. You sell items through your retail outlet, as well as on-line
You operate a small retail boutique specializing in the sale of quality leather goods. You sell items through your retail outlet, as well as on-line order across Canada.
a) Your business took off shortly after starting, particularly the on-line orders. Consequently, you needed to hire someone to specifically look after that part of your business.
You placed a job ad on several recruiting platforms, and Violet applied for the job. She was an excellent candidate, with several years' experience managing on-line orders for other retailers in Edmonton. You called her in for an interview, and were very impressed. You offered her the job on the spot, complete with a generous pay and bonus structure, and Violet accepted.
After she left, you decided to do some little social media research, and discovered from Violet's Instagram, that she belonged to an animal rights group called "Say No to Animal Skins" (SNAS). Needless to say, she did not mention this in her interview!
You called her immediately, and revoked your offer of employment stating, "I simply can not employ someone sympathetic to SNAS. I'm sure you understand."
Violet did not understand, and wants to explore legal action. Discuss.
- Who will sue who?
- What is the cause(s) of action?
- What must the plaintiff prove to be successful? Will they be able to prove their case based on the facts given?
- What arguments are available to the defendant to avoid or lessen legal liability? Do they have the facts available to support their defenses?
- Who do you think should win, and why?
b) Unfortunately, Violet wasn't the end of your problems with SNAS. One year after starting your business, theTrade in Leather Goods Actwas passed by the Province of Alberta. This action was taken by the government in response to major lobbying done by SNAS.
The key sections of the Act are as follows:
s. 1 No person shall deal in, trade in, sell or advertise for sale any items made of animal skins anywhere in Alberta, or outside of Alberta for on-line purchase.
s.2. Anyone who contravenes s. 1 of this act may have their business license revoked for a period not exceeding 2 years, and be charged with a summary conviction offence.
You are very unhappy with the legislation, and think it is ridiculous that a special interest group like SNAS can undermine your business. You want to take the matter to court. Discuss.
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