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Canadian/Ontario HRM Questions 1. Who is Really Protected by the Common Law? Employers, Employees or Both? In our first lesson, we learned that the common law is a system of rules developed by judges....

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Canadian/Ontario HRM Questions
1. Who is Really Protected by the Common Law? Employers, Employees or Both?
In our first lesson, we learned that the common law is a system of rules developed by judges.
Discussion Question: Given the employment law cases we have reviewed so far, do you feel it accurate to say that the common law of employment is more protective of the economic interests of employers or of employee concerns? There is no correct answer to this question. You are being asked to express an opinion and to support it with materials we have examined in class.
2. Maganda’s Job Interview
Discussion 1 (10%)
Facts
Maganda is an architectural drafter who recently immigrated to Ottawa from Dagupan City, Philippines. She holds an advanced diploma from Aklan Polytechnic College and worked for many years in her field at a top firm in the Philippines.
You are the HR Advisor at Smith, Rogers and DeWitt LLP, a well-established and prominent architectural firm in Ottawa. Timothy, one of the senior partners at SRD has asked you to lead the recruitment and selection process for a Junior Level Drafter. The firm is looking for someone with at least 1 to 2 years of experience and a college diploma.
You create the job posting and receive Maganda’s application in response. You are very impressed with her credentials and she is one of three candidates shortlisted for an interview.
Maganda arrives 10 minutes early for the interview. She is professionally dressed and appears enthusiastic. You greet her at reception and invite her into the boardroom to meet the selection committee.
The interview begins and you notice that the mood from the committee members has changed from earlier interviews. The committee members do not appear to be interested nor engaged. Tim is also deviating from the interview script. At one point, he says to Maganda “You speak English so well. Is it your native language?”
After the interview, when assessing the candidates, the committee decides against hiring Maganda because they feel she is simply not the right “fit” for SRD. In deliberations, they also discuss the fact that they feel she is overqualified for the job and would be bored. Tim also makes a comment about her name, saying “what kind of a name is that anyway?”
Discussion Question:
How do you, in your role as the HR Advisor at SRD, address the various issues raised in this scenario? Why? From a legal standpoint, are there any other ways address these issues?
3. Ontario Employment Law in the News
Discussion 2 (10%)
In 2007 Farm Boy Inc., a grocery store chain, fired several employees for making derogatory comments about the company on Facebook. Read about the story at the following links:
http://www.canada.com/ottawacitizen/news/business/story.html?id=8b2bf234-06b4-419f-b5f7-35e3dc338637
http://cnews.canoe.ca/CNEWS/Canada/2007/01/17/ XXXXXXXXXXsun.html
Discussion Question:
What are your thoughts on the company's decision to end the employment relationship for this reason? Who was “right”? Why do you feel this way? Your answer should include and be based on concepts and theories learned in the course.
Answered Same DayDec 29, 2021

Solution

Robert answered on Dec 29 2021
77 Votes
1. Who is really protected by the Common Law? Employers, Employees or Both?
A law is made and enacted to protect everyone. According to my opinion, both employers
and employees are protected by the common law. There are laws in the nation that highly protect
the rights of the employees in various situations, particularly against exploitation and harassment
y any employer. Similarly there are laws in the country that protect the employers from any in
various scenarios like unlawful practices by their employees, laws allowing them to act in favor
of the business and to act against their employees in certain situations. Thought both employees
and employers are protected by the common law, however there are laws in the country that
highly aim to save the interests of the employees. So it can be said that the laws relating to
employees are more active than that of employers. For instance, a lawsuit by an employee
against an employer is much likely to gain attention and resolved quickly than the lawsuit by an
employer against an employee. This is mainly because government and law are highly pro-active
towards preventing the interests of the employees, which generally form the middle class
population of the country.
2. How do you, in your role as the HR Advisor at SRD, address the various issues raised in
this scenario? Why? From a legal standpoint, are there any other ways address these
issues?
In the case, though Maganda is shortlisted and called for the interview but is not interviewed in
the right spirit by the selection committee....
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