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MGMT1601 Employment Law Assignment Help
1 Provide a detailed explanation of the employment law issues involved in the employment scenario.
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 any organization behaviour. Sometime employment law creates problems for employers, as the employment law gives too many rights to the employees at workplace. The government of Canada has enacted various employment laws protecting employees from discrimination, unfair labor practice, an unhealthy work environment and many more.
All Canadian provinces have enacted legislation which governs 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 a federal and provincial government. As the scenario depicts the Alice is not able to perform her assigned work and facing problems due to the health issue. The manager should grant leave to her so she can rest because her disability is not permanent in nature(Carle, 2012.).
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. As per the employment contract signed by employee.
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.
3. Identify and explain how the risk to the employer could be reduced.
Employer can reduce 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).