Case Study and Business Law

This paper analyzes two case studies in business law, discussing legal actions, rights violations, and steps to be taken. Subject: Business Law

Running head: CASE STUDY AND BUSINESS LAW
CASE STUDY AND BUSINESS LAW
Name of the student
Name of the university
Author note

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Introduction
The aim of this paper is to analyse the issue of the two case studies in understanding the nuances
of the same. it has been observed that the two case studies presented here is about two different
scenarios while the first one deals with the situation of one of the job applicants whose political
views and affiliation to one political party led to the rejection of the same job, in case of the
second case study, it is crucial to understand the fact that Zeb being one of the prisoners has
created tremendous pain and injury to Helen in the process of escape. The aim of this paper is
to highlight and understand the issue the legal actions to be undertaken for the purpose and the
critical understanding of the issue from the point of view the victims and the victimised.
Discussion
It has been observed in the first case study of Nesbitt being one of the graduated from the
Brainiac, has been unduly rejected by Dewey on the ground of him being an ardent supporter of
the Freedom party. It seems that Nesbitt is not going to take it down and he will be undertaking
legal actions against Dewey on the ground that it is against the basic human rights to reject due
to the belief or affiliations to any parties. Form the point of view of Nesbiit, it is justified to
undertake some legal actions since according to the laws based on Canada, it is significant to
note that protection of the individual right are ensured by the federal, provincial and the
territorial laws of the laws. Under the Canadian Human rights protection act. Any form of
discrimination based on the gender, ethnicity or other grounds like that of belief system or
affiliations to one particular group of party is not susceptible to discrimination(Bellamy, 2019).
In case of Nesbiit, it is important to consider the fact that it is the duty of the organization to
accommodate people with difference in order reduce the existing difference among people.

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There have been longstanding debated on the issue of discrimination in employments due to
political affiliations in one of the parties. These debate is essential to understand by undertaking
the argument from both the parties. In case of the employers, right to dissent and express one’s
one viewpoint is central to the democracy dissent to someone’s political views are natural and
accepted as long it does not violate the rights of the other. This is significant to understand at
this juncture that the issue of Charter of rights act, section 2(b), which clearly mentions everyone
has the right to have their personal opinion and their due expression (Laws-lois.justice.gc.ca.
2019). Hence it is not justified from the point of view of the employer reject the application of
Nesbitt on the round of affiliation to the freedom party. It is personal to keep one’ s one belief to
anything which does not infringe other’s rights on the same and this cannot be the ground for
any discrimination in employment which is based on the academic merit and not political views
of anyone. The issue for the private employee are clear cut since it is important to ensure that
the employees cannot discriminated on the ground of political affiliations of anyone(Laws-
lois.justice.gc.ca. 2019). This is a direct violation of their civil rights of the individual at the
position of getting an employment or already employed.
The protection of the rights of the individual are divided into four distinct categories like the
political rights, economic rights, legal rights and the egalitarians rights. In case of the issue of
employment related violation of rights, the victim must understand that it is the violation of the
egalitarian rights and undertake meaningful steps.
Provision
Some of the provisions for the same are:
“. Everyone has the following fundamental freedoms:

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Freedom of thought, belief, opinion and expression, including freedom of the press and
other media of communication”( Canada, 2019).
Similar provisions
“Similar provisions may be found in the following Canadian laws and international
instruments binding on Canada: sections 1(d) and (f) of the Canadian Bill of Rights; article
10 of the International Covenant on Civil and Political Rights; article 13 of the Convention
on the Rights of the Child; article 5(d)(viii) of the Convention on the Elimination of All
Forms of Racial Discrimination; article 21 of the Convention on the Rights of Persons with
Disabilities; article IV of the American Declaration of the Rights and Duties of Man”
(Canada, 2019)
The protection of freedom of expression is premised upon fundamental principles and
values that promote the search for and attainment of truth, participation in social and
political decision-making and the opportunity for individual self-fulfilment through
expression (Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 S.C.R. 927 at 976; Ford
v. Quebec, [1988] 2 S.C.R. 712 at 765-766).
“The Supreme Court of Canada has maintained that the connection between freedom of
expression and the political process is “perhaps the linchpin” of section 2(b) protection (R.
v. Keegstra, [1990] 3 S.C.R. 697; Thomson Newspapers Co. v. Canada (A.G.), [1998] 1
S.C.R. 877; Harper v. Canada (Attorney General), [2004] 1 S.C.R. 827). Free expression is

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valued above all as being instrumental to democratic governance. The two other rationales
for protecting freedom of expression — encouraging the search for truth through the open
exchange of ideas, and fostering individual self-actualization, thus directly engaging
individual human dignity — are also key values that animate section 2(b) analysis”.
See also the following international, regional and comparative law instruments that are not
binding on Canada but include similar provisions: article 19 of the Universal
Declaration of Human Rights; article 10 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms; article 13 of the
American Convention on Human Rights; the First Amendment of the American
Constitution” (Canada, 2019).
In such case, Nesbitt should be undertaking legal actions against the employers for the purpose
of effective allocation of his grievances. However if the case would have been different in cases
the victim is a smoker, the employer can ask to leave such habit on case of his presence in the
office however it is again a violation of the individual right to be rejected on the basis of
someone’s personal choice of smoking. Some of the following provision in this regard are:
according to the environmental tobacco smoke: workplace policy, it has been outlined that:
Restriction on smoking habit of the people are part of the common health concern for the
purpose making the workplace tobacco free however it is not to deny that there are certain policy
procedures to be undertaken for the purpose of making it legitimate. For example, it is important
for this purpose to ensure:

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Procedure:
 “Employees will be informed of this policy through signs posted in buildings and
vehicles, the policy manual, and will receive orientation and training from their
supervisors.
 Visitors will be informed of this policy through signs and it will be explained by
their host.
 The company will assist employees who wish to quit smoking by facilitating access
to recommended smoking cessation programs and materials.
 Any violations of this policy will be handled through standard disciplinary
procedures(Adapted from: Guide by the U.S. Department of Health and Human
Services, Centres for Disease Control and Prevention.)”.
Hence it is justified to argue that the company can restrict the employee or the new entrant to
remain out of the practices of smoking and on the same ground it can reject the employee to the
organization. However it is not to deny that there have right measure of adopting the same sine
every company has the exclusive right of creating smoke free zone, it can take such measures for
the same.

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 “The Canadian Charter of Rights and Freedoms provides all Canadians with
“freedom of thought, belief, opinion and expression” and “freedom of association.”
These rights are “subject only to such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society.” (Canada, 2019)
 Employees’ right to engage in political activities at the federal, provincial, territorial
or municipal level is recognized in the Public Service Employment Act, states that
“An employee may engage in any political activity so long as it does not impair, or is
not perceived as impairing, the employee’s ability to perform his or her duties in a
politically impartial manner.” (Canada, 2019)
 Employees do not need permission from the Public Service Commission to engage in
non-candidacy political activities”.( Canada, 2019)

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In case of the second case study, it has been observed that Zeb has inflicted unexpected pain
and injury to Helen who has been trying to help Zeb. In this process of rescue she find herself
being injured and suffered more than she could imagine , this led to the process of developing
traumatic situation post the incident. Hence Helen wants to take serious actions against Zeb. This
brings us the understanding that Helen is justified in taking an action against Zeb on the ground
that it is against her basic rights of protection. Some of the actions to be undertaken for this
purpose is as follows:
Filling the complaint: this is the first step to be undertaken for the purpose of effectively dealing
with the situation in a systematic and legal manner. For example, this process includes the
lodging the complaint against the perpetrators for effective remedial measures. This step help
Helen to lodge the complaint with the Canadian human rights commission in order to bring to
their notice for this purpose. There are number of provincial and territorial agencies to cater to
the needs of the people who have been impacted by this process. Filling the complaint is the first
step towards taking the legal actions for Zeb who has been impacting the Helen for no reason.
However it is significant to note that there are number of discriminatory issues are to be taken
care of before lodging the complaint. The complaint required to be valid for the purpose of
getting registered. In this case of Helen, it seems that the actions undertaken against her made her
life miserable to a great extent since it has put under extreme pressure and trauma which as
restricted her actions. In order to gain the right compensation for the harm done to her, it is
important to take each of the steps with greater seriousness and sensitivity. Some of the agencies
that Helen could lodge the complaint are: the Alberta Human rights commission, the BC human
rights commission and the BC human rights tribunal. It is significant to note that the Alberta is

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the only significant authority here to undertake the actions for the purpose of effectively
managing the issue. Under the 11 discriminatory practices, it has been observed that refusing to
employ someone on the basis of someone’s views or treating them in an unfair manner is the
reason is the ground or depriving them from the employment opportunity are of the reasons for
the suspension of people. It has been observed that the incidents are to be lodged within the
period of 12 months from the days of occurrence which will be treated by the respective
authorities. It seems that Helen has the fair chance of getting this violation redressed since soon
after the lodging of the complaint, the human rights commission undertakes the following
actions, at the primary stage, it undertakes the process of notification regarding whether the
commission thinks it right to deal with the issue and if not then why. It has been further argued
that mediation is offered in this case since it is crucial to develop right mechanism for effectively
meeting the interest of the victim. At the second stage of the process of mediation, it is important
to offer the mediation which is voluntary and highly confidential. In case of success of the
mediation process, a formal agreement is signed between the aggrieved parties. There are higher
chances of such issues being mediated due to the fact that the responsible authorise undertake a
detailed investigation of the case by dealing with individual parties affected by the case (Hogg et
al., 2017). Helen will have higher chances of being heard in this case since the authorities will
interview the witnesses and the victim herself in order to communicate the issue for better
clarity. Considering the case of Helen, it is significant to note that Zeb is already a fugitive
who has been convicted for another crime of hitting and injuring Helen hence the Canadian
judicial system will be undertaking the impactful measures for the purpose of allocating justice
to the victims. The justice system has their upholder for keeping the integrity in ensuring justice.
However in such cases, it is not to deny that Zeb will not take any action. It is justified to argue

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that Zeb will be undertaking the self –defence mechanism, in such case, the agreement in favour
of self-defence is supported by the logic that in order to protect the self and leave no mark of
trace, he had to hit Helen. In this case, it is significant to note that there is a need to develop the
support of the right logic in order to appeal to the court. Under the Canadian criminal law, it has
been observed that under the Criminal code (R.S.C., 1985, C. C-46):
Assault
265 (1) A person commits an assault when
(a) Without the consent of another person, he applies force intentionally to that other person,
directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or
causes that other person to believe on reasonable grounds that he has, present ability to effect his
purpose; or
(c) While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes
another person or begs.

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Considering the situation from the above mentioned discussion, it is significant to note that the
above mentioned case are to be treated under the following lists:
Application
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a
weapon, threats to a third party or causing bodily harm and aggravated sexual assault(Davis,
2015)
Marginal note: Consent
(3) For the purposes of this section, no consent is obtained where the complainant submits or
does not resist by reason of
(a) The application of force to the complainant or to a person other than the complainant;
(b) Threats or fear of the application of force to the complainant or to a person other than the
complainant;
(c) Fraud; or

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(d) The exercise of authority(Laws-lois.justice.gc.ca. 2019)
Analysis
It seems that in both of the cases, it is crucial to take legal actions since they are significant
violation of the individual rights of the individual and it is take such issue to the right authority
in order to undertake the right measure for the same (Forsythe et al., 2017). In case of the first
issue, it is important to note that both Nesbitt and Helen have the right to be protected by the law
under the constitution since it has been observed that in both of the vases, it is the violation of
their individual right as they are required to have the shield of protection from the laws of the
land. In case of level of achieving success in both the cases, Nesbitt will be getting the right
protection under law since it is against his individual right of not being discriminated in any
ground in case of employment, however in case of the protection of rights for Helen, the
procedure is likely to take more time since there is along procedure of legalities attached to the
process.
Conclusion
The aim of the paper has been to highlight the issue of undertaking legal measures for the
purpose of mitigating the threat and injury inflicted towards them. In both of the cases of Nesbitt
and Helen, it has been observed that there are significant violation of rights in ensuring them
employment and justice. It is crucial to understand the fact that there is a need to develop the
right legal mechanism for the purpose of ensuring justice to both of them. It has been observed
that it is basic individual rights that are violated in both of the cases which requires the attention

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of the responsible authorities. Hence it is essential at this juncture to highlight them to the right
authority in order to have the right measures implemented in practice.

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Reference
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