Ex - HR Legal Worksheet

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York University *

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2610

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Law

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Feb 20, 2024

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docx

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2

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In-Class HR Legal Exercise PART A: Human Rights at Work Exercise CASE #1 Monique applied for a position as a cashier at a cafeteria. The employer’s dress code requires employees to be “neatly groomed in appearance” and to avoid displaying body piercings or tattoos. The employer refused to hire Monique because she wears a nose ring. Monique filed a complaint with the Human Rights Commission. a. What is the alleged prohibited ground of discrimination? b. In your opinion, did the employer contravene (break) the Code? Explain your answer. CASE #2 Azar worked as a nurse for five years in various temporary positions for the same employer. She applied for a temporary position that was available from September 2010 to June 2011. Before the hiring decision was made, Azar advised the employer that she was pregnant and expected to commence her maternity leave in February 2011. Although she was the most qualified applicant for the job, the employer awarded the job to someone else. Azar filed a complaint with the Human Rights Commission. a. What is the alleged prohibited ground of discrimination? b. In your opinion, did the employer contravene the Code? Explain your answer. CASE #3 The employer interviewed a number of candidates for a position in a nursing home that involves lifting patients and other physically demanding work. Joan, one of the candidates, had limited mobility in her arm, which was obvious at the interview. The employer did not address the issue, and the interview was brief. Joan was not hired and filed a complaint with the Human Rights Commission. a. What is the alleged prohibited ground of discrimination? b. In your opinion, did the employer contravene the Code? Explain your answer.
PART B: Employment Standards Act Exercise: You have just been hired as the Manager for a non-unionized retail location with 15 full- time employees that sells sporting clothing and goods to consumers in the Hamilton area. What does the Employment Standards Act say you should do about the following situations? 1. You have an employee who rushes in and requests emergency leave for the day to rush a sick child to the hospital in Toronto. You suspect she is falsifying the situation (it has occurred in the past). 2. You currently provide a paid, half hour lunch break for your employees. Recently, they have been requesting that you also pay for a 15-minute break in the morning and afternoon. You think one break might be a good idea, but you can't afford to hire additional personnel to cover for the breaks. 3. A young woman who works has been complaining about your company’s vacation practices, stating at her previous job at another company she could book vacation time whenever she wanted too. What are her rights in respect to vacation time under ESA? 4. One of your clerks is scheduled to work a 2:00 pm to 6:00 pm shift. She reports to work but since business is slow, you decide to send her home at 4:00 pm. You determine that you only need to pay her for the two hours they worked. Is this legal? Explain.
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