Business and Rights Assignment - Legal Fundamentals Module

This assignment solution addresses various aspects of Canadian business law, covering topics such as the Canadian Human Rights Act, discrimination grounds, and employer responsibilities. It explores employee rights, including accommodations for employees with specific needs and the implications of collective agreements. The solution also examines vicarious liability, contract validity, shareholder rights, and preferred shares. Furthermore, it touches upon the role of trade unions, bargaining disputes, and the rights of shareholders to dissent. The assignment references key legal concepts and provides detailed answers to the questions posed, demonstrating an understanding of legal principles within the Canadian business context.

Running Head: BUSINESS AND RIGHTS `1
Business
Name
Affiliation
Instructor
Date
Business

Business and Rights 2
Business
Answer 1
a.
The Canadian Human Rights Act R.S.C., 1985 outlines grounds for discrimination
have been. The first ground is discrimination against ethnic origin, race, gender or sexual
orientation. These forms of discrimination should not be practiced anywhere at work, home,
schools or public places as stipulated under section 3 part 1 of the Canadian Human Rights
Act 1985. The second ground is discrimination against pregnancy as well as childbirth. In this
case, one is said to have discriminated against someone on the basis of her gender and sex-
section. 3, (2). The third ground is discrimination against one’s decision not to take a genetic
test or disclose the results of the genetic test. As a result, this form of discrimination will be
against a group of genetic characteristics.
b.
Employers must be able to recognize the different needs of employees and treat
them fairly while respecting those needs and habits. As such, employers should also avoid
discrimination by treating all sexes, religion, race and age differences equally so that he can
be said to be accommodative. For this to be successful, an employer should remove all
barriers and negativity at the workplace. The only limitation is that different employees
have different expectations at all times
c.
The employer should allow rest periods for her when she is working as well as
providing comfortable chairs that fit ease her problem. Secondly, the employer should treat

Business and Rights 3
her like other employees by encouraging her at all times, paying equal salary, given her
equal job opportunities and also providing facilities that she can easily use while moving
around the office
d.
Discrimination means treating other people differently and unjustly because they are
from a different race, have different religions or have different physical traits, (Foster &
Jacobs, 2018).
Answer 2
a.
Bargaining disputes have been solved through the certification process. Trade
Unions and workers unions are certified so that they can formally complain and bargain
about salaries and employee rights on behalf of employees.
b.
Employees bound by a collective agreement and employees hired during the striking
process
c.
Picketing encourages other employees to come together by not doing their duties,
and exert pressure on the employer until work conditions are improved.

Business and Rights 4
d.
An Interest dispute is where new terms contained in a new collective agreement are
discussed and settled.
Answer 3
a.
In vicarious liability, a principle is responsible for the torts committed by his agent.
b.
There is no valid contract because Bob is not allowed to enter into agreements that
consist sale of goods.
Answer 4
a. True
b. False
c. True
Answer 5
a.
The shareholders can dissent because this is their right. The new allocation of shares
by the directors hurts their interests
b.
Shareholder’s agreement is the incorporating document. This document spells out
the rights of shareholders as well as their responsibilities, (Bernier, 2018).

Business and Rights 5
c.
Preferred shares are also called “preferreds” and they are hybrid securities that have
fixed income and equity. Their rights are that they do not have voting rights but have
priority over common shares that are eligible for dividend payments.

Business and Rights 6
References
Bernier, J. F. (2018). Shareholders' rights plans-the poison pill in the US and Canada:
background and legal considerations. Revue de Droit. Université de
Sherbrooke, 21(1), 123-207.
Foster, L., & Jacobs, L. (2017). Inclusive Workplace Practice in Canada: Competing Equalities
in an Industrial-Mobile Society.3(1) 25