Question: The word range should be within 750-1000 words (double-spaced, 12-point form). The required readings introduced you to the three legal regimes that govern the workplace
The word range should be within 750-1000 words (double-spaced, 12-point form). The required readings introduced you to the three legal regimes that govern the workplace and that this course investigates. The three regimes are as follows: Regulatory Regime, Collective Bargaining Regime and Common Law Regime.
- Make sure you have a clear understanding of the characteristics of each regime.
- Keeping the three regimes in mind, read the scenarios set out below.
- For each scenario, consider which of the regime (or regimes) apply to the facts as stated.
- Once you have identified which regime (or regimes) apply to each scenario, then explain how you reached this conclusion and substantiate your answer. Explain why the regime or regimes you have identified are applicable to each scenario.
- In substantiating your explanation, consider the options or remedies available in each situation. Ask yourself whether there are provisions in a collective bargaining agreement, regulatory provisions or common law standards that could assist the worker/employee. Explain the options available under the applicable regime or regimes.
- You are free to search the internet to obtain a better understanding of what provisions are found (typically) in collective bargaining agreements, regulatory provisions, or common law decisions.
Scenario
Upon graduating from Queen's Engineering, Kwame O'Reilly (employee) commenced his employment with Kearse Sinha & Bou-Younes Inc., a structural engineering firm operated by Robert Kearse, Awi Sinha and Noora Bou-Younes. The engineering firm only has one office, located in a province in Canada.
Kwame signed an employment agreement with the engineering firm. He began work as a junior engineer with the commercial structures group on December 17, 2021. According to Kwame's employment agreement, he reported directly to Noora Bou-Younes.
Kwame is an exceptional addition to the firm and for the three years he has worked at the firm all his performance reviews have been glowing and he has received full year-end bonuses.
On January 15, 2025, Kwame's infant daughter was diagnosed with an aggressive form of cancer and the prognosis is poor. Given the situation, Kwame needs to take time off during business hours to attend medical appoints and care for his child. Kwame met with Noora Bou-Younes and explained the situation. Kwame requested unpaid leave to be with his spouse and child. To Kwame's surprise, Noora Bou-Younes asked why his spouse could not handle the baby's medical appointments and care during business hours. Kwame explained that due to significant health issues of her own, his spouse could not care for their child or attend medical appointments.
Noora Bou-Younes considered Kwame's request and even consulted with the firm's General Counsel, but ultimately refused to grant the leave. Noora Bou-Younes advised Kwame that he should hire a Personal Service Worker to handle the child's care needs and appointments if his wife was too sickly to handle the baby. Kwame was furious.
Kwame was advised that his daughter has six months to live.
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