Case Study: Employment Law and Risk Reduction at a Luxury Spa

This case study delves into the employment law issues arising in a luxury spa setting, focusing on a scenario where an employee, Alice, experiences health problems due to workplace conditions. It examines the employer's responsibilities under Canadian employment laws, including the Occupational Health and Safety Act (OHSA) and the Employment Standards Act (ESA), particularly concerning workplace safety, employee rights, and termination procedures. The analysis covers the manager's obligations to provide a safe working environment, address employee health concerns, and ensure fair treatment. Furthermore, it explores strategies for risk reduction, such as implementing safety policies, offering alternative tasks for employees with temporary disabilities, and adhering to legal requirements for termination. The case study references relevant legal precedents and emphasizes the importance of maintaining a diverse workforce and educating employees on workplace hazards.

Employment Law
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Table of Contents
1 Provide a detailed explanation of the employment law issues involved in the employment
scenario...........................................................................................................................................3
2. Identify and explain the employment law issues from the small business perspective.......5
3. Identify and explain how the risk to the employer could be reduced...................................6
References.......................................................................................................................................7
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1 Provide a detailed explanation of the employment law issues
involved in the employment scenario.
Relevant law
Employment laws protect employees from unfair labour practice, unsafe work environment, and
discriminatory behaviour at work. It provides so many advantages to the employees working in
the any organization. Sometime employment law creates problems for the employers, as the
employment law gives too many rights to the employees at work place. The government of
Canada has enacted various employment laws protecting employees from discrimination, unfair
labor practice, unhealthy work environment and many more.
All Canadian provinces have enacted legislation which govern the general term and condition of
the work. This includes leave of absence, notice period for termination and working hours of
employees in the organization and setting of the safe strands for the safe working by employees.
According to Occupational Health and Safety Act 1990 (OHSA) is the duty of the manger to
provide the healthy and safe work environment to its employee. Occupational Health and Safety
Act 1990 provide the right and duties of management and workers.
As per the Canadian law an employer can not dismiss an employee from the employment
without notice until and unless where he has”cause” in law to do so. An employee can’t be
terminated without providing reasonable opportunities of defense as per the Employment right
Law.
Application of law
As per the given scenario, the manager should ask her to submit the resignation as she is unable
to work properly as per the law laid down by federal and provincial government. As the scenario
depicts the Alice is not able to perform her assigned work and facing problems due to health
issue. The manager should grant leave to her so she can rest because her disability is not
permanent in nature(Carle, 2012.).
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Case Example - In the case of R. V matcor automotive inc, the court upheld the fine and
compensation of $2, 70,000 according to the OSHA. A Worker seriously injured in a workplace
incident, the employer found guilty on three charges under OHSA (1990)
In the scenario given it clearly shown that the smell of resin and gel activators used nail in the
products cause Alice nausea for full day. Bending the body, standing for long time at one place
and pain in body part distract Alice from performing her duty. In this condition first of all
manager should at least provide her safe work environment by providing the mask another
facilities so that direct contact with chemical can be prevented to some extent as if anything
happen to Alice the manager will be responsible as per the Occupational health and safety Act
1990 (OHSA).Manager should approved leave to her so she taken rest and get well soon,
because her disability is not permanent in nature. It is possible that after taking leave and proper
rest Alice work properly (Singer, 2018).
Legal Termination of employee without cause can only be done:
1. If he violates minimum standard established by (ESA) Employment Standard Act
2000.
2. A s per the employment contract signed by employee.
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2. Identify and explain the employment law issues from the small
business perspective.
Manager of the Luxury Spa should try maintaining diverse workforce at workplace.
Occupational, health and safety act (OHSA) 2000 rules and regulation should be implemented by
the manager of the Spa. (Ginzberg, 2017). The small business in Canada is provided loan for
business under the Act of (Canada Small business financing regulation).
As per the Employees Standard Act 1990 (ESA) Manager should educate their all employees of
the organisation regarding ergonomics hazardous.As the employees of the organisation deal in
physical factors that harm the musculoskeletal system, such as repetitive movement, manual
handling and poor body positioning.
If occupational, health and safety regulation is not practices in the small business. Then as per
the law of Employee standard Act (ESA) 1990 the licence of the business may be cancelled by
the appropriate authority of Canada.
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3. Identify and explain how the risk to the employer could be
reduced.
Employer can reduced its risk by properly following all the rules and regulation which are
mentioned in the Occupational Health and Safety Act (1990), Employment Standard Act
(2000).To avoid any legal action organization should provide all the benefits to its employees
which they got from the common law Canada. Organization can reduce his risk by providing safe
and healthy work environment to its employees. If the employees of the organization is provided
good work environment then they will work with more dedication and devotion.
Organization can save itself from legal consequences by adopting all the safety policy as per the
Occupational Health and Safety Act (1990).The employees who are with temporarily disabilities
can move to some other process where they can perform some easy task which requires less
effort by this also organization can reduce his risk in the business (Freedman, et. al., 2018).
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References
 Carle, S., (2012). Employment discrimination.
 Freedman, M., Owens, E. and Bohn, S., (2018). Immigration, employment
opportunities, and criminal behavior. American Economic Journal: Economic
Policy, 10(2), pp.117-51.
 Ginzberg, E., (2017). The institutions of private law and their social functions.
Routledge.
 Singer, L., (2018). Settling disputes: Conflict resolution in business, families, and
the legal system. Routledge.
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