Reference no: EM133294737
Assignment:
Introduction The Fitness Factory ("The Factory") is a medium-sized fitness franchise located in Ontario, Canada. The head office is in Mississauga, Ontario, where there are currently 84 employees; 20 employees are full-time and 64 part-time. You are a junior human resource consultant at The Factory, working out of the corporate office. You have held the position for three years. The following paragraphs provide relevant information for workplace legal issues.
Reorganization The COVID-19 pandemic resulted in many individuals reconsidering their fitness routines, and as a result, many members have cancelled their memberships. Due to related financial difficulties, The Factory is reorganizing the workforce and eliminating some positions; the organization has decided to eliminate one fulltime employee and 10 part-time employees. Jamil is a full-time employee. He originally signed a contract, as part-time employee, 10 years ago. The contract was not updated when he accepted his subsequent full-time managerial role. He is age 43 and has worked for the Factory for ten years. The re-organization will result in the elimination of his position. Part-time employees: The employment contracts of all part-time employees provided entitlements according to the Ontario Employment Standards Act.
Adjusted Schedule One of the employees, Caileigh, an office administrator, requested adjusted hours due to a recent mental health diagnosis and provided appropriate medical documentation. She has requested her shift be adjusted from 7:00am - 3:00pm to 10:00am - 6:00pm. The busiest time in her role is 7:30am - 9:30am.
Termination It came to your attention that the manager of the Fitness Factory has requested to terminate Jorge. Jorge is a personal trainer who has worked for the organization for seven years. The manager was informed that he is also working for another competitor, located a block away. The manager is concerned that he is recruiting members to attend the alternative fitness centre. He has requested your support to terminate Jorge for cause. His employment contract contains a non-compete clause. The clause states: During the term of employment, and for one (1)?year thereafter, the employee shall not encourage or solicit any employee, independent contractor, vendor, or client of The Fitness Factory to leave or terminate its relationship with The Factory for any reason.
You were asked to give advice to the Senior Management Team on the legal issues at The Fitness Factory. You are asked to provide the following information;
What recommendations and alternatives would you provide the managers in reference to the legal issues?
a. What is the first step that you would advise the manager to do? Please justify.
b. What other recommendations would you give your manager? Please justify.
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