Reference no: EM133211843

Part 1- small business centre advisor

You are working as an employment law specialist for the small business association in your local area. Your job is to help, advise and promote small business owner's knowledge and awareness of the employment law. The following small business comes to office looking for help and advice. Marin Autos started out as a small auto repair shop, by Mario Marin about 15 years ago. Under Mario's management the business has grown steadily each year as he developed a reputation for being a trustworthy mechanic and charging a fair price. Within 5 years, he expanded his operations and hired some more mechanics. He also opened a work detailing centre, under the management of his son who assembled a team of workers for that department. He has also successfully acquired a dealership for Hyundai with an already assembled a sales team and front office staff. He has also leased the building next door and has moved the auto repair and detailing parts of his business next door. In total, including himself and his son Marin Autos will employ 24 people. He knows that employing this many people, he needs to improve his understanding of employment law in particular the health and safety act. He has come to your office to ask the following questions.

Question 1: What are the worker's rights under the OHSA?

Question 2: When does the employer have to create a JHSC?

Question 3:  Explain how the JHSC structured?

Question 4: What are the powers and duties of the JHSC?

In one of his work areas some employees have displayed some pictures of scantily clad women. One employee from front office, that doesn't frequent the area complained about the pictures. He has approached the employees in question and asked them to take down the pictures, but they have politely said that, that individual doesn't come to the area often, nobody working in the area has a problem with them. If they start to come to the area regularly they will consider it, they don't cause any harm and why should they suffer to keep one person who is never here happy. Uncertain what to do next, he walked away and has come to you looking for your advice and how to deal with the situation.
Question 1: Explain to him the concept of vicarious liability

Question 2: Explain to him the concept of a poisoned work environment

Question 3: Advise him what he should do in order to tackle the issue and minimize his legal risk and promote harassment free workplace.

One of his employees, who has been with him for 2 years now, has approached him asking for time off for a reservist operation. This employee is a good worker, who needs little supervision and can be trusted to do his work and help other. Marin doesn't want to lose him and is considering refusing his request.

Question 1: Explain to him his obligations under the law in regards to the employees request.

Question 2: What are the employee's rights when they are away on leave in this case?

Question 3: What the other types of leave that the employer must provide to employees according to law and how long are employees entitled to?

Question 4: He had an employee last week that didn't show up to work and the received no phone call. It created chaos in the front office for a few hours as he struggled to cope with her absence and deal with customer's requests and demands. Although she has been an average worker in the past, without many issues, she does miss the occasional day when her son is sick, but she always called in. Later, her husband called in to let them know she had been in a car accident on the way to work, she had been knocked unconscious, everything seemed ok and after a few days off, she should be back to work. The problem is that her absence did cause problems and seemed to annoy customers who complained of the poor service that morning. Mario was embarrassed. He is looking for your advice on how to proceed with this employee and how he should discipline her.

Question 1: What is procedural fairness and proportionality?

Question 2: before disciplining this employee, what key issues should Marin consider in regards to the employee and the situation

Question 3: What discipline or not, should he impose on his employee in this circumstance. Explain your recommendations.

One of the mechanics was found to be taking tires (8 tires in total at retail price of $200 each). The employee in questions seems to have been selling them to family members and keeping the proceeds. The employee has had no previous discipline issues and preformed to the required standard during his first 10 months with the company.

Question 1: before disciplining this employee, what key issues should Marin consider in regards to the employee and the situation

Question 2: What discipline or not, should he impose on his employee in this circumstance. Explain your recommendations.

Part 2 - Injured worker

John Morrison had been working as a welder for TSW Welding for 7 years. John was a valued employee at the small family run business. He was a problem solver, willing work to extra hours in order to ensure customers received their orders on time. His quality of work was excellent and the company regularly generated repeat business and referrals based on his work. Heavy lifting was part of his duties on a daily basis. The company had trained all workers on how to lift heavy weights and had clear guidelines on what weights an employee should seek extra help to lift. The employer even posted reminder signs beside heavy materials warning employees not to lift them on their own and to seek help. Materials were neatly organised in the warehouse on a variety of shelving and racks. The employer regularly inspected the premises and equipment for any faulty equipment or health and safety hazards. Late one afternoon, just after most people had left for the day, John was still working ensuring an order was completed. On going to the warehouse to get materials, John lifted some light material off a shelf. As he turned and left, a clip that was holding some heavy duty piping gave way. The pipes fell on John and on his back. The thunderous noise was heard all the way up in the front office. Luckily the boss was still on site. He ran to the back and found John trapped under some heavy pipes and called for emergency medical help. The doctors didn't give much hope of John being about to walk again. After multiple surgeries and rehabilitation, John did recover the use of his legs (although they are weak. Unfortunately he will now suffer chronic pain in his back for the rest of life and have difficulty lifting any significant weight or sitting for long periods of time.

Question 1: List duties of a worker like John, under the health and safety act

Question 2: Do you believe that the employer showed due diligence in this case? Give reasons for your answer.

Question 3: List and explain five general rules that impact on the eligibility of WSIA benefit claim?

Question 4: Will this worker be eligible to make a claim? explain 2 reasons for your answer

Question 5: List and explain the different type of benefits this worker could received as a result of the accident .

Question 6: What are the three principles of accommodation outlined in the law?

Question 7: What must TSW Welding do in order to accommodate a worker's injury, like John.

Question 8: What are the John's obligations as he seeks accommodation from his employer under the human rights act?

Question 9: What is alternative work? What possible alternative work could TSW Welding offer to the employee in this case?

Question 10: Explain when an employer, like TSW Welding. will reach a point of undue hardship.
In your opinion do you expect the TSW Welding to reach a point of undue hardship in this case with John's injury? Give reasons for your answer.