1. You are a human resource professional in a large organization. You routinely receive requests for...

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1. You are a human resource professional in a large organization. You routinely receive requests for advice from the various departments within the organization. Please review the following five memorandums from different managers who have a problem they need to deal with. Give an answer in writing to each of the five managers. 2. Your answers should be typed in an essay format between 3 & 4 pages long for each answer. 3. Analyze the problem including various alternative solutions and conclude by giving advice for which alternative the manager should choose. Give reasons for this choice. 4. Please use a variety of resources for your analysis. You may use CanLii, your textbook, the internet (not wikipedia), journal articles or other books & articles. Do not use your lecture notes as a source to cite. Please cite all sources. 5. Please use formal language. Use the attached handout, “Effective Legal Writing” as a guide. 6. The assignment is to be handed in as one complete paper. Since each answer is to be 3 to 4 pages long, your entire paper will be between 15 and 20 pages. 7. Please provide a title page with the name of the course, the date and your name & I.D. Number. 8. All assignments are to be handed in at 11:59 p.m. on the due date. No assignments will be accepted after the due date unless prior permission has been given by the instructor. MEMORANDUM TO: HUMAN RESOURCES FROM: FRONT CASHIER SUPERVISOR DATE: MARCH 3, 2020 I am having problems with an employee and do not know what to do next. This cashier has worked for us for the last 25 years. She has been a good employee and I have had no problems with her in the past. Unfortunately, she seems to have recently developed a bad attitude and I cannot understand why. We recently decided to change the tills to the most up to date laser scanning devices. Although they are a bit awkward to work with at first, once an employee has been fully trained, they improve efficiency immensely. This particular cashier was concerned about these changes and was unhappy when I told her that we were implementing them. She thought the training might be difficult and stressful. I told her that there was no problem since I had no intention of sending her on the training. She is 64 years old and I am sure she should retire soon. The training costs us $1000 per employee so I thought I would save the company a little bit of money and have her work in a different area until she retires. I’m sure I can find something for her to do and it is only a matter of time until she retires. Despite her complaining about the training, she was livid when I told her she would not be taking it. She is threatening legal action! What should I do? MEMORANDUM TO: HUMAN RESEOURCES FROM: SENIOR RESEARCH SUPERVISOR DATE: MARCH 3, 2020 One of our researchers has become a problem. I’m not sure if he is addicted to social networking sites or if he really thinks that it is okay that he spends most of his day sending Twitter messages or chatting with Facebook friends. Every time I walk past his desk, I can see what he is doing and it isn’t work! When he hears me coming, he quickly stops but not before I have seen what he is doing. I get twice the amount of work out of the other researchers and this guy has got to go. The problem is that I don’t have any real proof. I would like to monitor what he is doing on his computer by installing software that will provide reports to me. Can I do something like this? MEMORANDUM TO: HUMAN RESOURCES FROM: VICE PRESIDENT, OPERATIONS DATE: MARCH 3, 2020 We are about to hire a senior manager of research and development. She is leaving a very responsible position with our major competitor. We have had to provide her significant incentive to come to us – she is a gal who really gets things done. Her starting salary will be $100,000 per year and she will receive a bonus of $20,000 for each project that finishes before its deadline. Because she is in her 50’s and she has had to move halfway across the country, she wants to make sure she is with us until her retirement. We have promised to keep her for at least five years. Obviously we need an employment contract in this situation. We want to make sure that we protect ourselves adequately. What kind of terms should be included in the contract to make sure we do NOT lose our shirt if she isn’t happy with us? How do I make sure the contract can still be enforceable if we make changes later on? MEMORANDUM TO: HUMAN RESOURCES FROM: MANAGER, SHIPPING AND RECEIVING DATE: MARCH 3, 2020 We have a shipper who is great at what she does. Nothing ever goes out late and she keeps track of all orders until they are received on the other end. I really do not have any complaints about her work except that she is late all the time. Some days she is late by about 5 minutes and other days it is a couple of hours. I have tried to talk to her about it but she is always so busy doing her job that I have only mentioned my concerns in passing. Usually we are having coffee with others and I might make a remark about punctuality. The other employees are starting to complain. They think she is getting off easy. She has had a couple of arguments with the others and I think it is because they are starting to resent her. Although she is an otherwise good employee, I am going to have to let her go if things do not improve. It is affecting morale way too much. What can I do to make sure we do not get sued when I dismiss her? By the way, she often says she is late because she is sick. Does this make a difference? MEMORANDUM TO: HUMAN RESOURCES FROM: SENIOR MANAGER, ENGINEERING & DESIGN DATE: MARCH 3, 2020 Two years ago we promoted one of our best engineers to Manager of the Product Development Lab. When he was working as an engineer in the lab, he always got the job done. He worked hard and I would really say he was one of the best employees we have ever had. I wanted to reward him for all his hard work and gave him this promotion with added responsibilities. As it turns out, he does not have much time for lab work anymore. He is mostly involved in training, supervising and disciplining the lab employees. He also is required to plan the lab activities so that the work gets done on time. Although he usually is able to plan the lab activities well, he is terrible with people. Employees who were very happy with their job prior to his becoming Manager have started quitting. We have lost 7 good people from the lab in the last 2 years! Employees who used to get the work done on time and done well are now handing in late, shoddy work. When questioned they indicate that they get no support from their manager and cannot work efficiently with him in charge. To add insult to injury, the company has had to defend 3 human rights complaints. In all 3 complaints, the employees have cited this Manager’s behaviour as a problem. I have spoken with him on several occasions and have made it clear to him that his work must improve. These warnings have been put in writing on his file. His work is not improving and he has indicated to me that he just is not good with people. He does not know what else to do. I am going to have to let him go. Have I done everything to protect the company? What should I be concerned about?

Ishika · Accepted Answer

EMPLOYMENT LAW
Advice to Managers
To Front Cashier Supervisor:
Details of this particular issue are the employer-employee relationships. The manager claims the employee is giving a hard time changing equipment, and claims the employee has developed a bad attitude. The employee has been with the firm for twenty-five years and until now there has been no problem. By not training the employee, the manager makes an attempt to save money, because he / she is under the assumption that the employee will soon retire. The employee was made aware that she would not be offered training, and threatened to pursue legal issues.
According to common law in Canada, an employer may terminate an employee by giving a fair notice or pay in place of him / her, except as otherwise provided for by an employment contract (Filsinger, 2019). In the case of a contract breach or violation, the employer is expected to include compensation in place and severance compensation under the statute to refuse an employer. This is used to financially assist the employee in the search for another job. But if the employer breached the contract in such a way that the contract no longer offers the employment agreement and the employees could terminate with just cause, it would not be a prerequisite for the employer to pay a dismissal with compensate instead (Filsinger, 2019).
The first challenge in evaluating the different problems posed by the manager is the observation made that because of her age the employee has plans to retire. It is called discrimination with respect to age. Refusal to train the employee because of this presumption is an violation of human rights and is prohibited under human rights law. If an employee decides to retire, it is best never to presume. You would have to show as the employer that there is a bona fide occupational obligation to successfully perform cashier duties. That would be difficult to prove in this case given the years of experience of the employee. In this situation, the other problem is punitive firing, the employee may feel like being pushed out because she is not being educated like the rest of her co-workers. The employee can believe that the best options for her will be to leave psychological distress and take legal action. Given her twenty-five years of service, if you feel that she would be fired without cause, she would be entitled to severance pay, which would be a substantial sum given the years of service. If the employee were to be fired for reason it would also be very difficult to prove as the manager claimed that for the past twenty-five years the employee has had no disputes with the business and no disciplinary action has been reported since.
In conclusion the best option will be to provide the employee with preparation just as the majority of their colleagues are undergoing it. When she does not comply with the latest technologies or is having difficulty after a considerable period of time has elapsed, seek to get the employee moved to another department that will be more appropriate for her capabilities. Do not mention her age as a justification for her transfer when moving her. It may cause the employee to feel discriminated against on the basis of her age that may encourage her to take legal action. For an employer, respecting the employee first is desired before taking more drastic steps. The legal facts are that the employee has the right to choose whether he / she chooses to retire. In this case she will be covered on the grounds of workplace discrimination. "Age is a category protected from discrimination, under the Alberta Human Rights Act (the Act). The Act describes age as 18 years of age or older, meaning that individuals 18 and older are exempted from discrimination against age.
To Senior Research Supervisor:
Legal report is an informal summary which can include legal advice. In this specific case the employer is concerned during working hours about the workers accessing the internet on the company machine. The manager lists the instances which have caused him to be worried. The manager seeks legal advice on whether or not the installed device will be considered an violation of one's privacy. The biggest concern of managers is that his employee does not complete the tasks that are allocated to him by the end of the day and the explanation behind this is his use of social media sites during working hours. The manager has found a major decrease in employee morale due to his use of social media and decides to fire him.
Under PIPA law Personal data can only, with certain exceptions as specified in the Act, be obtained, used or released by an entity with the individual's knowledge and consent. Personal information collection is limited to those that are required for the purposes defined and collected by fair and lawful means. Personal information shall not, except with permission or as required by law, be used and published for the purposes for which it was collected. It can only be sustained as long as these purposes are required.
When evaluating the presented evidence, we first need to look at the business policy and the employment contract. Is there a client machine utilisation strategy in place? What is forbidden, approved and can be debated? When there is a framework so compliance is grounded. Nonetheless, you might use this as an opportunity to remind workers of device use during work hours. Send an email to a client or hold a meeting of workers to alert employees to make the matter transparent. Because tracking one of the employees is a sensitive topic as in certain situations employees might be using their computer's for personal use, it is better to warn all employees that they are being monitored.

1. You are a human resource professional in a large organization. You routinely receive requests for advice from the various departments within the organization. Please review the following five...

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