Business Law Assignment

Introduction

Business law is the collection of legislations that helps to govern commerce as well as business in the marketplace.  In this regard, it is possible to say that business law is also known as commercial law in the country.  In a country like Canada strict business laws help to run business in a successful manner. The group of legislations mainly deals with the public along with the private law in the country in order to fix rules over the business activities.In this context, some commercial laws in a country like Canada are going to be described in a detailedmanner. Detailed analysis of the laws helps us in dealing the subject matter more effectively and helps to keep the knowledge which is justified in a particular situation.

Question 1

a. In the case of Kim as well as Sam, it has been found that Kim works as an instructor of Pilates at WBF in a country like Canada. An independent contractor has been signed by Kim at her work. Theorganization like WBF mainly pays her a weekly salary of her work. In this regard, Sam has learned that Kim is basically an employee of the company rather than an independent contractor. The difference between an independentcontractor and an employee is mentioned below:

An employee isa person who is controlled by the employer. Here, employers decide the way of doing work within the given time. On the other hand, an independent contractor is liable to pay tax deduction in the organization.

b. In this context, it is possible to evaluate whether Kim is an employee or an independent contractor of a company like WBF in a country like Canada.  In this regard, it has been found that the Court needs to consider Kim as employees of WBF. It is because she is doing her work on the basis of the provided specification given by Sam in the workplace. As for this reason, Kim does her work as an employee instead of being as an independent contractor in the workplace.

Question 2

a. Serena is an employee in a company like WBF who works as a full-time Yoga teacher in the workplace.In this context, it is possible to say that Serena spends her maximum time over the phone in the workplace of WBF in a country like Canada. In this aspect, there are some causes of termination of an employee in the workplace in a country like Canada. As per the law, it is possible to state that Progressive Discipline can be followed in the case of Serena. As Serena does not behave professionally in the workplace, Sam can follow some steps to fire Serena. The steps are described below:

  • Written warning
  • Oral warning
  • Suspension without payment
  • Put the employee on probation
  • Termination
  • Demotion
  • Rehabilitation

In this case, Sam can provide Serena with an oral warning. If she does not change her behaviour, Sam can give her a written warning in this regard. Sam has causes to fire Serena because; her behaviour affects the organizational image in the workplace of a company like WBF in a country like Canada.

b. It can be assumed that Sam has not enough reason to fire Serena. In this regard, Sam can find out some factors to fire Serena anyway. It is possible if there are some factors that affect the reasonable notice of common law which is provided by Sam to Serena. As per the notice of Common law in a country like Canada, it is possible to explain that termination notice can be based on some factors such as education and skills of the employee, age of the employee, length of service with the employers along with the similar service availability of the employees. In this case, Sam can consider the length of serviceof Serena with the employer for terminating her employment. On the other hand, it can be stated that the factors can be applied to Serena for firing her. In this aspect, it can be said that as Serena engages with her cell phone during the time of service, it basically affects the length of service with the employers in the workplace. As for this reason, Sam can use this cause as her termination.

c. Employment standard act2000 can be applied in this case of Sam as well as Serena. In this case, Serena fails to meet a minimum standard of work in a company like WBF in Canada. As for this reason, it can be possible to explain that statutory notice needs to be served by Sam to Serena in this case.

  • Sam can provide notice of resignation to Serena. It must be intentional as well as voluntary (Canlii.org, 2019).
  • On the other hand, no obligation notice needs to be provided in this context.
  •  In addition to that, it has been identified thatif Sam fires Serena without any reasons, he needs to pay a notice in this context.
  • Sam can also provide the choice to Serena.

As it is mentioned in the act that employee needs to provide but not less in the workplace, it is possible to fire Serena for her engagement with the cell phone during the time of service to the customers.

Question 3

a. In this context, of Max as well as Sam, it has been recognized thatMax has hurt his back during the time of bungee jumping. It is very much difficult for himfor serving customers all day long on his feet. In this case, it is possible to detect that the OccupationalHealth and Safety Act can be incorporated for Max in WBF’s cafe.

b. In this context, it is possible to say that the Occupational Health and Safety Act can be incorporated for managing workplace safety in a company like WBS’s café. As per Section 16.2, it has been commented that first aid can be provided to the employees as and when required. In this case, it is possible to say that employees have some rights in the workplace regarding their own safety (Canlii.org, 2019). The rights are described below:

  • An employee has the right to refuse any unsafe work
  • An employee has the right to stop any unsafe work in the workplace
  • An employee has the right to know about the hazards of the workplace

On the other hand, Workplace Safety and Insurance Board 1997 needs to be considered in this regard. Sam needs to provide the cost of health care to Max. It is the duty of the employer for funding the insurance system of an employee like Max.

Question 4

In this context, it is possible to say that staff locker rooms available for the employees in a company like WBF. In this context, Sam has decided to install a video camera in the locker rooms of the staff as a wallet of an employee has been stolen in the workplace. In this regard, employees do not want the installation of the video camera in the locker room. In this context workers of the company can form a union against the installation of the video camera on the basis of the legislations of the Labor Relations Act 1995. On the other hand, it is possible to say that the Personal Information Protection and Electronic Documents Act (PIPEDA) can also be incorporated in this case. By using this act, the video camera can be permitted in the situation. In the current situation, a case example can be stated. In the case of Meneses v Directed Electronics OE Pty Ltd [2019] FCAFC 190 the plaintiff has filed a case against the defendant for the breach of personal information.

Question 5

From the given case scenario, it has been recognized that Sam has assigned some of the duties of James to Sam's daughter. As for this reason, James is upset with Sam in the workplace. it is one kind of discrimination in the workplace as per the legislationof the Human Rights Code in a country like Canada(canlii.org, 2019). It is the discrimination on a ground of decision of employment in WBF. On the other hand, Sam can also use Nepotism policy in this regard (canlii.org, 2019). As for this reason, wrongful dismissal occurs in this context of Sam. It is because; he has done a change in a major manner to the job of James. James can quit the job for this cause. In this aspect, Sam needs to consider the wrongfuldismissal in WBF and take decision accordingly.

Conclusion

It can be concluded that the mentioned business legislations are effective for the given case questions on the basis ofthecase scenario. In this aspect, it is possible to state that the Employment Standards Act can be effective to understand the rights of employees in the workplace in a country like Canada. On the other hand, it is explained that independent contractors and employees have some core difference on the basis of the obligations. Along with this, job recruitment policies and hiring rules are also possible to be discussed with the help of business laws in a country like Canada. Moreover, the provided case questions have been answered in a detailed manner by using the Canadian business legislations.

 

 

 

Reference

Canlii.org (2019), Primary law, Retrieved on 18th October 2019 from: https://www.canlii.org/en/on. 

Canlii.org (2019), Human Rights Code, RSO 1990, c H.19, Retrieved on 16th October 2019 from: https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/

Canlii.org (2019), Employment Standards Act, 2000, SO 2000, c 41, Retrieved on 17th October 2019 from: https://www.canlii.org/en/on/laws/stat/so-2000-c-41/latest/

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