Business Law Assignment: MGMT1601 Employment Scenario Analysis Report

This business law assignment analyzes an employment scenario focusing on Canadian employment law. The report addresses three key questions: first, it details the employment law issues involved, including wrongful termination, employee rights, and employer responsibilities under the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). Second, it examines these issues from the perspective of a small business, considering the implications of these laws on a smaller scale. Third, the assignment identifies and explains strategies to reduce the risks faced by employers, such as creating a safe working environment, adhering to ESA guidelines, and providing accommodations for employees with health issues. The analysis incorporates relevant case law and academic sources to support the arguments presented, ensuring a comprehensive understanding of the legal landscape.

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

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1.
Rule
According to the provisions of the Canadian law, without providing prior notice the
employment cannot be terminated of a worker by an employer unless otherwise mentioned in the
law for doing this. The Employment Right law gives an opportunity to the worker to defend
himself against wrongful termination (Okechukwu et al., 2014).
The key objective of the employment law is to safeguard the workers from
discrimination, unlawful labour conduct, and poor working conditions in the workplace.
Numerous benefits have been provided by this law to the workers engaging in any organization.
Often, certain problems have been faced by the employers because a range rights have been
given to the workers at workplace through the provisions of the said Act. Not only has that, to
safeguard the workers from discrimination, unlawful labour conduct, and poor working
conditioned in the workplace, certain employment laws have been ratified by the Canadian
government. Legislation have been ratified by each Canadian provinces which helps to control
the common duration and condition of the work. Permission of absenteeism, shift hours of
workers, safety standards at workplace, and notice period for dismissal are included in this
legislation (Downs et al., 2010).
As per the rules of the Occupational Health and Safety Act (OHSA) 1990, the manager
has an accountability towards its workers to provide safe, secure and healthy working
environment. Several rights and responsibilities of the managers and employees are enumerated
under the Occupational Health and Safety Act (OHSA) 1990.

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Analysis
As per the provided scenario, as Alice is unable to do the duties assigned to her
efficiently for her health issues under the local and federal government regulation, therefore it
can be suggested by her manager that either she submits her resignation or provide with her
permission of absenteeism so that she can take rest for someday because the nature of the
infirmity is temporary.
Law states that, it is valid to terminate a worker lawfully if the minimum standards set by
the Employment Standard Act (ESA) of 2000 has been violated by that worker or as per the
contractual agreement of employment between an employer and his worker.
In R. vs. Matcor Automotive Inc. [2017] ONCJ 560 case, it has been observed that a
worker got serious injuries in the workplace due to the negligent behavior of the employer.
Therefore, the court under the OSHA (1990) ordered the employer to reimburse $ 2, 70,000 as
compensation to the extremely injured worker.
The scenario reveals that Alice feels like vomiting all day long because of the smell of
nail products. Due to the body discomfort, she failed to carry out her responsibilities. In this case,
the manager’s accountability is to deliver a secure working environment by supplying a mask
that avoids direct contact with chemicals, because the manager will be held responsible
according to the OHSA if something happens to Alice. The manager can allow her leave to take
rest because her infirmity is temporary and it can help her in the future to work accurately.

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2.
The appropriate authority of Canada has the power under the ESA of 2000 to cancel the
trade license of the business organization if it fails to preserve the occupational security and
well-being.
In compliance with the Employees Standards Act (ESA) of 1990, it is the responsibility
of the manager to educate each workers of the company about the danger of ergonomics. The
staff of the organization address physical factors, such as recurrent movement, physical handling,
and poor positioning that damage the musculoskeletal system.
The Luxury Spa manager will strive to keep different staff at workplace. Apart from that,
it is also the responsibility of the manager of Luxury Spa to implement the rules and regulations
as mentioned under the Occupational Health and Safety Act (OHSA) 1990. The Act of Canada
Small Business Financing Regulation may help the small business of Luxury Spa in getting loan
(Chandler, 2012).
3.
The rules and regulations enumerated under the Occupational Health and Safety Act
(OHSA) of 1990 and Employment Standards Act (ESA) of 2000 can be followed by the
employer to lessen risk. The lawful actions of the organization can be stopped by supplying all
services to employees in compliance with Canadian common law and by enforcing all security
measures in compliance with the OHSA (1990). The organization should build a healthy, safe
and secure working atmosphere in order to reduce risks. The company may move temporary
workers with disabilities through a certain number of specific systems to complete tasks without
effort (Gill & Biger, 2012).

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Reference
Chandler, V. (2012). The economic impact of the Canada small business financing
program. Small Business Economics, 39(1), 253-264.
Downs, J. S., Holbrook, M. B., Sheng, S., & Cranor, L. F. (2010, April). Are your participants
gaming the system? Screening Mechanical Turk workers. In Proceedings of the SIGCHI
conference on human factors in computing systems (pp. 2399-2402).
Gill, A., & Biger, N. (2012). Barriers to small business growth in Canada. Journal of Small
Business and Enterprise Development.
Okechukwu, C. A., Souza, K., Davis, K. D., & De Castro, A. B. (2014). Discrimination,
harassment, abuse, and bullying in the workplace: Contribution of workplace injustice to
occupational health disparities. American journal of industrial medicine, 57(5), 573-586.