Civil Law

This document provides study material and answers to case study questions related to Civil Law. It discusses the issues involved in a discrimination case and the applicable laws, such as the Saskatchewan Human Rights Code and the Canadian Human Rights Act. The document also explains the concept of discrimination and the evidence required for investigation. References to relevant legal acts are provided.

Running head: CIVIL LAW
CIVIL LAW
Name of the Student:
Name of the University:
Author Note:

1CIVIL LAW
Answer 1:
The issues involved in the given case study are whether the disabled person was
subjected to any discrimination by the Major Chain Ltd and whether section 16 of The
Saskatchewan Human Rights Code was violated by the said company.
Answer 2:
The applicable laws in this case are the Saskatchewan Human Rights Code 2018 and the
Canadian Human Rights Act 1985. Apart from this, Charter of Rights and Freedoms enacted in
1982 can also be referred to in this case.
Promoting and protecting the dignity and rights of the individual person and preventing
the discrimination are the major goals of the Saskatchewan Human Rights Code 2018. In the
given case, the person was with certain disability. He was demoted from the position of the
assistant manager. In section 9 of the Saskatchewan Human Rights Code 2018, every person
must enjoy the right to engage in and carry on any occupation without discrimination on the
basis of any prohibited ground which is enumerated in section 2(m.01). Hence under section 9,
his right to carry on the work as the manager was curtailed.
According to the Canadian Human Rights Act, the concerned person can refer to this act
as he was subject to discrimination on disability. Section 7 of the Act provides that it is
discriminatory during the employment to distinguish any employee on the prohibited ground of
discrimination.

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Answer 3:
Discrimination means unfair treatment of any person or a class of persons on the grounds of
race, gender or physical or mental disability (Fredman, 2017). In order to investigate the
complaint made by the said person, the following evidences have to gathered and analyzed by
the investigator.
Firstly, it has to be shown that the concerned person is a qualified individual with a
disability. The investigator must collect all the documents showing that the disable person has all
the qualification suitable for his position in the workplace. He must also gather all the medical
reports, prescriptions and other documents required to prove his disability. The investigator must
also produce the document showing that the concerned person had informed the employer about
his disability at the time of his employment.
Secondly, when the disable person asked for accommodation in the form of not working
in night shifts, he was demoted from the position of the manager to the position of the clerk.
Thus his request was not granted, instead he was being demoted. Thus the investigator has to
prove this by supplying required documents. Here it has to be noted that the employer denied
giving him reasonable accommodation which he had asked for.
Thirdly, the investigator has to show constructive dismissal as the disabled person was
forced to give resignation. Constructive dismissal is a condition where the employee, though he
does not want, was forced to quit his job due to the employer’s hostile or non cooperating work
environment. Here the person can claim constructive dismissal as he was working for more than
two years in the company. The manager changed his shifts into what he could not do when he

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requested for accommodation. The manager in spite of knowing his disability forced him to do
night work and heavy lifting.
All these matters have to be investigated and supported with evidences by the
investigator before making recommendation to the Commissioner.

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References:
Canadian Human Rights Act 1985
Charter of Rights and Freedoms 1982
Fredman, S. (2017). Disability equality: A challenge to the existing anti-discrimination
paradigm?. In Disability and Equality Law (pp. 123-142). Routledge
Saskatchewan Human Rights Code 2018