Please read the scenario below (GOAL case) and answer all three questions that follow.

GOAL (Grain Operators Advantage Logistics) Case

GOAL (Grain Operators Advantage Logistics) processes grain products bought from farmers and ships them to supermarkets across the country. GOALs production levels have been rapidly growing since they first opened for business ten years ago, and their workforce has grown equally steadily as well.

Due to a spike in demand in the last couple of years, GOAL has had to increase the number of warehouse workers quickly. According to a recent job analysis, workers need to be capable of standing for at least two hours at a time and be able to carry packages of up to 16 kilograms over short distances. As a result the Operations Manager, Miles, has focused only on hiring men aged 35 years and younger as he feels that they are best capable of performing these duties. In the lead up to major holiday periods, when there is a need to process and ship large volumes to supermarkets in a timely manner, warehouse workers are expected to work well beyond the end of their shift.

The job of a warehouse worker is very strenuous. It involves lifting and stacking heavy items, operating machinery, etc and this can take a toll on their back and limbs. According to notes of interviews of the less experienced warehouse workers, it is apparent that they were provided with minimal training and do not know about safety protocols such as wearing a special harnesses when operating machinery, bending at the knees and taking frequent short breaks. There was also a lack of understanding of the WHMIS symbols and how to handle some of the machinery with the appropriate care and attention.

Miles says that he has an open-door policy and welcomes any employee to drop by his office at any time. However, whenever a warehouse worker brings a concern forward to Miles they feel they are not heeded. Moreover, they often overhear him and other managers making racist and sexist jokes. The VP is even less supportive, and is constantly heard to be putting pressure on the managers to get the shipments out even earlier than the schedules stated. Sometimes, workers even have their shifts reduced or let go altogether if they became too vocal with their concerns. Those who remain are therefore more fearful of speaking up.

The CEO has been hearing about the increasing worker dissatisfaction and injuries arising from this warehouse. According to the internal health and safety data, accidents and injuries have been rising as well. The CEO wants this entire situation to be addressed immediately.

QUESTION 1

1. Identify at least three (3) legal issues in this case AND for each of these, explain the relevant legislation and legal concept that applies.

QUESTION 2

2. Do you think that Miles is justified in who he is hiring for the warehouse worker positions? Please explain your response.

QUESTION 3

3. Briefly describe (2) policies you would put in place to address one or more of the legal issues in this case.