BLAW 150:
Canadian Business Law
Humber College-Summer 2016
Professor Dyanoosh Youssefi
Take-home Assignment- Worth 15%
of final mark
Due: Friday July 22, 8:55 a.m. (see
below.)
Question 1: (9 marks
)
Janani, a Canadian of Sri Lankan origin, works as the Director of Business Development at Fab
Ricky, an Ontario textile importing company that ships clothing and textiles into Canada for sale
to retail stores here.
Her job is to procure new business for the company, by wining and
dining, and meeting with, businesses across the country.
The company employs 60 people.
Janani earns
$65 000/ year, working between 30 hours-60 hours a week, depending on
whether she needs to travel for work.
She also sometimes has evening meetings.
Janani has been with Fab Ricky for 18.5 years, the last 7 in her current position as Director of
Business Development.
She started at Fab Rick as a graphic artist.
After 2.5 years, she began
to work as marketing agent for about 9 years.
Her initial contract with Fab Ricky set out a 3
week termination period.
Each time she was promoted, Janani received a higher salary and a
new title, but her contract was never modified.
In January of 2016, the company’s owners and management decided that in order to grow the
business, they need to have a different image, one that is more “western” or Anglo-Saxon.
They conluded that all employees, such as Janani, whose job it is to meet with potential
customers and be the public face of the company, should reflect that more western persona.
As a result, they decided to terminate Janani’s employment.
Lahiru, Janani’s boss, gave Janani 12 weeks working notice, during which she is to conclude
outstanding business and search for, hire, and train her replacement.
Use the assigned readings from the book as well as lecture materials to answer the questions
below.
You need to identify and discuss as many legal issues and potential violations of
workplace and employment law as possible.
Refer to the relevant statute(s) and section(s) or
caselaw whenever possible.
a)
On the face of it, has there been discrimination under the Human Rights Code?
On
what grounds?
Explain how there may or may not be discrimination in this case?
(300
word maximum)
b)
What argument(s) might the employer raise in its defence?
Do you think that the
employer’s arguments will meet the Meiorin test and qualify as
bona fide
occupational requirement?
(500 word maximum)
c)
Aside from the potential human rights violations, are there other legal issues with
respect to her employment and termination?
(Use reasonable amount of information to
fill out the table. Do not use extraneous information.)
Answer this question (question 1(c)) using the attached table.
For each issue, you need to
clearly state what the law is, and, where possible, cite the source of law (the statute or
common law), what facts from the scenario are relevant to the issue, how the law applies to the
fact situation, and whether or not you believe there was a violation of the law (conclusion.)
Follow the format taught in class
