Business Law Assignment: Analysis of Employment Law Issues (MGMT1601)

This business law assignment analyzes an employment scenario, addressing key issues under Canadian law. The assignment explores employee rights, employer responsibilities, and workplace safety regulations, particularly focusing on the Occupational Health and Safety Act (OHSA) and the Employment Standards Act (ESA). It examines the legal implications of an employee's health issues, the importance of providing a safe working environment, and the steps a small business can take to comply with employment laws and reduce risks. The assignment also discusses the potential for temporary disability and the need for employers to accommodate employees while adhering to legal requirements. The report emphasizes the importance of following Canadian common law and safety policies to mitigate legal actions and ensure a healthy work environment. References are provided to support the analysis.

Running head: BUSINESS LAW ASSIGNMENT
BUSINESS LAW ASSIGNMENT
Name of the Student
Name of the University
Authors Note

1BUSINESS LAW ASSIGNMENT
1.
Rule
Employment law aims to protect the employees from unfair labour performances,
dangerous working environment and discrimination. Many advantages have been provided by it
to the employees of any organization. As many rights have been given to the employees at
workplace by the employment law, therefore employer often face problem. Various employment
laws have been enacted by the Canadian government to protect the employees from unfair labour
performances, discrimination and a dangerous working environment. To control the general
terms and conditions of the work, legislation have been enacted by all the Canadian provinces,
which includes working hours of a worker in the workplace, leave of absenteeism, and notice
period for termination.
As per the provisions of the Occupational Health and Safety Act (OHSA), 1990 it is the
right of the employees to get safe and healthy working environment by its manager. It
enumerates the rights and duties of the employees and managers.
According to the law of Canada an employee cannot be terminated by the employer
without proper reason and notice and the employee has a right to defend himself/herself under
the Employment Right law (Jones, Finkelstein & Koehoorn 2018).
Application
In this given scenario, as Alice is not be able to perform her allocated duties appropriately
due to her health issues under the rule of federal and regional government, thus the manager
either suggests her to submit resignation or grant her leave of absence for taking rest as her
disability is temporary.

2BUSINESS LAW ASSIGNMENT
In R. vs. Matcor Automotive Inc. [2017] ONCJ 560 case, the court directed the employer
to pay damages of $ 2, 70,000 to the seriously injured employee under the OSHA (1990).
The scenario shows that due to the smell of nail products she feels to vomit for whole
day. She did not perform her duties due to the pain in her body. In this situation, it is the duty of
the manager to provide her safe working environment by giving mask which prevents direct
contact from chemical because if anything will happen to Alice the manager will be held
accountable as per the OHSA. Manager may grant her leave for taking rest as her disability is
temporary and it may help to work properly in future (Dhalimi et al., 2018).
Legal termination of an employee is valid if he/she breaches the minimum standard
provided by the Employment Standard Act (ESA), 2000 or according to the contract of
employment between employer and worker.
2.
For maintaining varied workforce at workplace, the rules and regulation mentioned under
the OHSA (1990) must be implemented by the manager of Luxury Spa. As a small business of
Canada, it may get loan under the Act of Canada Small Business Financing Regulation (Mallett
& Wapshott, 2017).
The workers of the Spa must be educated by their manager regarding ergonomics risks
according to the ESA (2000).
If the organization fails to maintain the occupational well-being and security, then the
Canadian appropriate authority may cancel the business licence under the ESA (2000) law.

3BUSINESS LAW ASSIGNMENT
3.
To reduce the risk, the employer can follow the rules and regulation provided by the
OHSA (1999) and ESA (2000). The legal actions can be avoided by the organization by
providing every facilities to the workers under the Canadian common law and by implementing
every safety policy according to the OHSA (1990). For reducing risks, the organization can
provide safe and healthy working environment. The organization can transfer the temporary
disable employees to some different process to perform effortless tasks and this step can also
reduce the business risks (Graetz & Franks, 2016).

4BUSINESS LAW ASSIGNMENT
References
Dhalimi, A., Wright, A. M., Yamin, J., Jamil, H., & Arnetz, B. B. (2018). Perception of
discrimination in employment and health in refugees and immigrants. Stigma and
health, 3(4), 325.
Graetz, G., & Franks, D. M. (2016). Conceptualising social risk and business risk associated with
private sector development projects. Journal of Risk Research, 19(5), 581-601.
Jones, A. M., Finkelstein, R., & Koehoorn, M. (2018). Disability and workplace harassment and
discrimination among Canadian federal public service employees. Canadian Journal of
Public Health, 109(1), 79-88.
Mallett, O., & Wapshott, R. (2017). Small business revivalism: employment relations in small
and medium-sized enterprises. Work, employment and society, 31(4), 721-728.