Chen works full-time as an insurance customer service representative at the Insurance Corporation of British Columbia (ICBC).
Question:
Chen works full-time as an insurance customer service representative at the Insurance Corporation of British Columbia ("ICBC"). He started working at ICBC 15 years ago. He is great at his job and well-liked by his colleagues. Two months ago, Chen got into a terrible car accident after which he was no longer able to walk and required use of a wheelchair. Since then, he noticed that his hours were reduced from 40 hours per week to 25 hours per week. When he asked his scheduling manager, Sally, about this, she admitted that she had been told by upper management to "lessen his workload". Chen works remotely three days per week. His job requires him to work on a computer and have meetings by zoom and by phone. His ability to work has not been impacted in any way since his accident.
Question I(A) (0/10) A) Chen believes this is unfair and decides to sue ICBC under the Charter of Rights and Freedoms. Advise Chen about whether he will be successful, with reference to any applicable law and cases. (10 marks)
Question I(B) (0/6) B) Chen decides to quit his job at ICBC to work as a customer service representative at a large retail company based in Vancouver. However, he remembers that his employment contract with ICBC contains a restrictive covenant. He reviews the contract and finds the following term:
For a period of one year from the date of termination of my employment (whether voluntary or involuntary), I agree not to provide services similar to that which I provided to ICBC to any other person, partnership or corporation in Vancouver.
Advise Chen about whether the restrictive covenant is enforceable, with reference to any applicable law and cases.
Auditing and Assurance services an integrated approach
ISBN: 978-0134065823
16th edition
Authors: Alvin A. Arens, Randal J. Elder, Mark S. Beasley, Chris E. Hogan