Employment and Labour Law
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There is one fact situation followed by three questions. Each question has three parts.Answers are to be in narrative form, typed in WORD (double spaced, 12 point font). Use APA formatting.
Suki has worked for various long-term care homes throughout Ontario over the past 20 years. She began as a personal support worker and advanced over time to her most recent position as Director of Nursing at the Kenora Long-Term Care Home in northwestern Ontario, where she had primary responsibility for the day-to-day medical care of the residents in the home.
Sukihas a16-year-old daughter, Laurel, and recently separated from herhusband, Eric. The problems in their marriage included Suki’salcohol dependency. She struggled with depression over the years and increasingly looked to alcohol as an escape. Suki disclosed the problem to her employer and with their support spent time in rehabilitation. She believes that her alcohol problem has now been defeated and she could resume drinking responsibly if she wished.
Babitais the Vice President of Human Resources forthe Kaiser Villages Retirement and Long- Term Care Homes. The Kaiser family owns and operates a number of these homes throughout southern Ontario, including their newest retirement home in Kitchener. Babita previously worked as the Director of HumanResources at the Kenora Long Term Care Home.She isa good friend of Suki and is aware of her recent separation from Eric. She also knows about her previous problem with alcohol and was instrumental in making the arrangements for Suki’s time away from work in rehabilitation.
Kaiser Villages needs an experienced person for the Assistant Manager position atits new retirement home in Kitchener, and Babita is responsible for finding that person. Shetelephoned Sukiabout the position,believingher to be anideal candidate. She said that the job would be formally advertised within the next couple of weeks and urged Suki to apply. Babita emphasized that it would not only be a promotion from her current position, but would undoubtedly lead in the near future to a more senior management position at Kaiser Villages.
Suki was hesitant to apply. It would mean moving to southern Ontarioand living apart from Laurel, who wanted to stay in Kenora until she completed high school. However, she was attracted by the position, the prospect for further advancement,and the opportunity to start a new life after the breakup of her marriage. Suki discussed the opportunity with Laurel and it was agreed that Laurel would spend the summer months with Sukiand they would speak to eachothereveryweekend via Skype.
Suki applied for the position. She completed the standard employment application form and was interviewed by Cory Kaiser, President of Kaiser Villages. Babita had informed Cory of her past association with Suki, and it was agreed that she wouldnot participate in the hiring process.
Suki was offered the job and accepted it. One aspect of the interview that surprised and bothered her later was Cory’s final question. He asked if Suki had any history of problems with drugs or alcohol. The question caught her off-guard and she wondered if Babita had disclosed her previous alcohol problem to Cory. However, since she considered it to no longer be a problem,she said no.
Suki moved to Kitchener and started the new job. She found the position and life more challenging and stressful than she had expected. The hours were long and the stress constant, with a continuing set of challenges to meet. The stress was compounded by being away from Laurel,who she greatly missed. Also, the chance for further promotion that Babita had mentioned did not materialize. When Sukilater mentioned it to Cory, he was completely surprised. He said that she was hired for the job she was doing and nothing more.
To relieve the constant stress, Suki began drinking again. Her alcohol consumption increased and she was frequently late to work and hung over.
This situation came to a climax at a reception for senior management of Kaiser Villages and government dignitaries to celebrate the official opening of the new Kitchener Long-Term Care Home. Sukibegan drinking earlier in the day and arrived at the reception late and in a drunken state. During conversations with the invited guests, she slurred her words and had to lean on a chair or a wall to remain standing. Cory noticed her behaviour and told Babita to do something about it. Babita spoke to Sukiand then called a cab to take her home. Later, in discussing the incident with Cory, Babita disclosed Suki’s history of drinking as well as her current marital and family situation. Cory met with Suki the next day. He said that her conduct was a major embarrassment to Kaiser Villages andhe terminated her employment.
Suki took legal action against Kaiser Villages claiming, among other things, discrimination contrary to the Ontario Human Rights Code, as well as failure by Kaiser Villages to promote her. Kaiser Villages responded by denying these allegations and claiming, among other things, that the termination of her employment was legally justified because Suki had failed to disclose heralcohol problem in the employment interview. Question 1
a) Identify the prohibited ground of discrimination claimed by Suki.
b) Briefly describe the legal arguments infavour ofSuki’s claim of discrimination.
c) Briefly describe the legal arguments against Suki’s claim of discrimination.
a) Identify the legal natureor name of the claim by Suki that Kaiser Villages wrongfully failed to promote her.
b) Briefly describe the legal arguments in favourofSuki’s claim that Kaiser Villageswrongfully failed to promote her. [2-3 paragraphs]
c) Briefly describe the legal arguments against Suki’s claim that Kaiser Villages wrongfully failed to promote her.
a) Identify the legal natureor name of the claim by Kaiser Villages concerning the failure by Suki, when asked, to divulge her problem with alcohol.
b) Briefly describe the legal arguments in favour ofKaiser Village’s position that Suki’s failure to divulge her problem with alcohol, when asked, was justifiable grounds for terminating her employment. [2-3 paragraphs]
c) Briefly describe the legal arguments againstKaiser Village’s position that Suki’s failure to divulge her problem with alcohol, when asked, was justifiable grounds for terminating her employment.
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