HR Worksheet #4 ESA Applications (5)

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Apr 3, 2024

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Employment Law Module 5 HRMN 1010 HR Worksheet #4: ESA Applications Due date: Friday, February 10, 2023 @ midnight ___________________________________________________________________________________ Student Name: Seema Student ID:200567019 ___________________________________________________________________________________ Instructions: Your role: You are the HR Generalist for Company Canada which has multiple branches in Ontario. Company Canada is a private, non-unionized organization with 2,500 employees. As the HR Generalist, you advise employees and managers on what their rights and obligations are in work-related situations. Your task: Read all seven scenarios. Respond to five ( 5) of the seven scenarios. In each response, identify the issue that you think is in the case (what is the problem), identify the section of the Employment Standards Act (and sections) that you think applies, and write a brief (two to three sentences) response that reflects the advice you will give in each of the scenarios. Scenario #1: Case facts: Lucie, the branch manager in London, Ontario, has called you and is upset— one of her technicians, Marc, was repairing a survey instrument last week and accidentally dropped it. The instrument, which belongs to one of Company Canada’s biggest customers, was destroyed. Lucie replaced it for the customer and is now looking to deduct $1,000 (a fraction of the value of the instrument) from Marc’s next paycheque as punishment for his negligence and to deter other technicians from being so careless. Advise Lucie. Identify the issue: The main issue, in this case, is Lucie would deduct money from Marc’s salary. Identify the Statutory Authority that applies (ESA Section and subsections): Section 13(5) and subsection (3) This is only when the employer gets in writing to take a loss deduction from the employee’s salary. However, the employer is not getting signed to cover the loss of the work faculty from the employee’s salary. What is your advice/ response? According to my opinion, Lucie should provide complex tasks to Marc because he can learn how to hand responsible tasks and learn some new skills and some tasks that will help for organization and Marcos also can become a good and responsible person. Scenario #2: Case facts: Zora is a branch manager in the Toronto, Ontario office. She has hired three new technicians who have recently immigrated to Canada. They are all commencing employment in three weeks. It has been so long since Zora has hired a new employee that she forgets what her obligations are with respect to the Employment Standards Act poster. Advise Zora. Identify the issue: According to me, Zora forgot how to hire a new employee and he has also forgotten some rules of the employment act poster. Identify the Section of the ESA that applies: 3(3) What is your advice/response? My advice is that Zora is on a good designation in the company he should prepare about the acts of employment hiring acts every time.
Employment Law Module 5 HRMN 1010 HR Worksheet #4: ESA Applications Due date: Friday, February 10, 2023 @ midnight ___________________________________________________________________________________ Scenario #3: Case facts: Milo works in the Hamilton, Ontario branch. He and his partner, Tobias, are in the process of adopting a baby from Argentina. He has worked for Company Canada for 4.5 years. He would like to take time off when they bring the baby home to Canada, and he is wondering whether he must use his vacation time or if he can ask for paid time off. Advise Milo. Identify the issue: According to me, Milo is totally confused about our decision like whether he should take our free vacation or paid holidays. Identify the Section of the ESA that applies: 33(1) (a) What is your advice/response? My advice is that Milo should take our free vacation if he has, otherwise he should go for paid holidays which he has only last option. Scenario #4: Case facts: Antonia works as an office supervisor in the Ottawa branch. She oversees clerical staff, sets work schedules, and is usually involved in hiring and firing decisions. In addition to her supervisory duties, she also acts as the receptionist every Friday and covers lunch each day. She routinely does filing, photocopying, and transcribing client letters. She has worked over 60 hours per week for the past six weeks. However, because of Antonia’s supervisory role, the branch manager, Sofia, believes that Antonia is not entitled to overtime pay. Antonia is threatening to file a complaint with the Ministry of Labour. Sofia is furious with Antonia and suggests that it might be best to relocate Antonia to a small office in the basement where she’ll be out of sight of the other employees. Advise Sofia. Identify the issue: The main issue is that Sofia is not ready to give overtime to Antonia, which is not fair however, she is eligible to get overtime according to the act. Identify the Section of the ESA that applies: 22(1) (1.1) (a) What is your advice/response? According to my opinion, Antonia is fully eligible to get an overtime pay rate according to the act. However, she is handling the whole work of the organization and doing hard work. So Sofia should give an overtime pay rate to Antonia. Scenario #5: Case facts: Lavi is the Mississauga branch manager and he has left you a voice message marked urgent. You start a Zoom meeting with him right away and learn that one employee, Camilla, is an engineer and has been working with Company Canada for 3.5 years—she is paid $24.00/hour. Her co-worker, Yusif, is also an engineer in the same branch of Company Canada —he has been working for just two months more than Camilla, and he is paid $26.00/hour. As engineers with Company Canada, Camilla and Yusif perform substantially the same work. Advise Lavi on whether this is fair (Camilla has suggested that it is not) and consider any other steps that would be prudent to take under the circumstances.
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