Designated groups under employment equity act

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1. Doug works as a customer service representative. He scheduled a two-week vacation over the thanksgiving holiday. When he came back he noticed that he did not receive statutory holiday pay. When he confronted his manager he was told that he did not work the Friday before or the Tuesday after Thanksgiving. Doug insists that he should have been paid "something" for this holiday. The manager has come to you, an HR rep for advice. Explain the company's legal obligations towards Doug in this situation.

2. The four designated groups under the Employment Equity Act and explain which workplaces the Act applies to.

3. Charles works nine hours a day. He receives a 15 minute unpaid break each shift. His hourly wage is $15.00 per hour. He normally works six days a week for a total of 54 hours per week. Charles has entered into an oral agreement with his employer stating that his overtime will be banked, instead of being paid out. After 10 weeks of banking his overtime, his employer allowed him to take paid time off. Charles took one week off and therefore had 46 hours of banked time remaining. This time off was a welcome break for him and a nice addition to the two weeks of vacation that he is entitled to receive from the company.When he came back, he had to help them catch up as it was busy when he was off. He even had to come in for Sunday for nine hours.Charles has just received a letter from his company stating any unused banked time will be lost if he does not take it by the end of the year. In addition, he has been informed that he will lose any unused vacation time if it is not taken prior to the end of the year. Charles has come to you for advice and is asking whether his company is following the law. Explain everything the company is doing wrong with respect to Charles' employment.

4. Tanya began working for IRC company on August 1, 2015. Tanya wanted to take a vacation in June, 2016 but her employer informed her that the company was too busy and would not permit her to take vacation at that time. It is now October, 2016 and the company has not permitted her to go on vacation. After Tanya threatened to pursue a claim to enforce her ESA rights, her employer finally relented but only if she would agree to take no more than two days at a time. You are an Employment Standards Officer dealing with Tanya. Explain to Tanya her vacation entitlements? Is her employer breaking the law? If so, how? If not, why not?

5. Derrick works as a carpenter earning $52,000 per year plus vacation pay. He has been working there for two years and three months. Unfortunately, not only has his job been eliminated, his entire plant is being shut down. A total of 477 people are losing their jobs. Derrick has asked you what his entitlements are in this situation. Calculate and explain his entitlements. How would you answer change if he had 17 years and three months seniority?

6. Sandra started working at a deli shop on April 1, 2016. On October 19, 2016 she informed her employer that she is pregnant and is due on February 1, 2017. Her employer informed her that they are not able to provide her any paid time off since it is a very small shop. They will, however, provide her with unpaid time off if she needs it. She has indicated that she would like to take her pregnancy leave starting November 2. Sandra is concerned that the deli is hiring someone to replace her when she is on her leave. She is also perturbed that she will not be getting any pay from the company during her leave. Sandra has asked you to explain her entitlements and whether her company has broken the law.

7. Rupinder manages a database for ABC Corp. As a database manager, she is responsible for collecting all compliance data and entering the information into an excel spreadsheet. She is a salaried employee, earning $73,216 per year. It has been a particularly busy year and Rupinder can barely keep up. Over the past four weeks alone she has worked an average of 56 hours per week. Rupinder has come to you for advice. Is she entitled to overtime? If so, explain why and calculate the total amount of overtime earnings for the past four weeks. If not, explain why not

8. Jonah earns $660 per week. In week one, he worked 28 hours; week two 50 hours; week three 48 hours and week four 50 hours. How much is he owed for overtime without an averaging agreement? Explain how much his entitlement to overtime would be if he signed an agreement which averages his overtime over a four week period.

9. Ahmed is one of 50 employees working for a small manufacturing company. He earns $52,000 per year, plus 4% vacation pay, which is well above the average company wage of $30,000. Unfortunately, after working there for 7.5 years, his employment was terminated. The ESA requires his company to provide him what.

10. Sabrina works 40 hours per week at a base hourly rate of $40. She has been terminated after being employed for 4 years. In order to be compliant with the ESA, what should her employer provide her.

Reference no: EM133293147

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