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10. ide an example. (LO 8.5) What is the difference between termination pay and severance pay? (LO 8.5) 11. What is collective bargaining? How does a union get involved in collective bargaining? (LO 8.6) 12. Why are labour unions important? (LO 8.6) they believe they were unjustly dismissed? (LO 8.5) Acades 1. Ve your provincial government website and acquaint yourself with standards required under its labour code. What are the ey points that a business should be acquainted with? Was there anything there you were surprised about? (LO 8.3) 2. Research various employment contracts you may find in a book or online. What are some common elements? What are SO unusual elements? (LO 8.4) 3. Out in the process that follows the filing of an unjust dismissal claim by an employee under the Canada Labour Code, and discuss whether it is effective for resolving the issue between the employer and employee or whether the parties should take their issue to the court for resolution. (LO 8.5) 4. Research a local union contract online. What is contained in the contract? (LO 8.6) 5. Research the newspaper and online news for a labour dispute that has happened in the past year. What were the main items that were being disputed? (LO 8.6) 6. Research and discuss in a group the history of labour relations in your province. (LO 8.6) CASES FOR DISCUSSION Case #1 Siegi was angry. This was the second year in a row that she had missed her son's school play because her employer suddenly had a rush order and the employees were expected to drop all personal plans and work "whatever hours" required to get the order prepared to be shipped-and "whatever hours" often required 18 hours or more for two or three days straight. As well, there was no overtime paid, no vacation days in lieu of time worked, no bonus, and the employees were expected to cover their normal shifts as well. This happened several times during the year and the employer's explanation was always that it was not possible to predict when large orders might come in and if the employees don't want to work the time, they don't have to-"someone else would be happy to have the opportunity to take your place." These thinly veiled threats didn't sit well with Siegi either. She had seen the movie Norma Rae! She may not be Sally Field, but she knew what had to be done. 158 CHAPTER 8 EMPLOYMENT LAW Siegi wants to create a union at her place of employment to deal with the awful working conditions and the blatant unfairness. (Did we mention her employer has two Porsche sports cars? One for summer and one for winter driving so the tires don't need to be changed. She has come to you because her neighbour said you have taken a business course and know about employment matters. Advise Siegi on the requirements, processes, and timelines in your province for creating a union to represent the employees of a business. Case #2 Adele, head of human resources at Techstellung, was becoming concerned about Estelle's work ethic. Estelle had been with the company for five years and had been a competent if not stellar employee. However, following a bicycle accident several months ago, Estelle's attitude toward her manager and her work had changed. For the past 4 months Estelle seemed to take short breaks often and no-one knew where she went. When she returned, there was a peculiar odour that came from her breath and on her clothes. Estelle's co-workers were complaining that she was not doing her share of the work anymore and they were having to cover for her. Estelle's supervisor recognized the mystery odour as marijuana and tried to speak with her about her behaviour. Estelle told him to "take a flying leap off a tall building" followed by some muttered words making rude suggestions. As a result of the supervisor's report on Estelle's use of marijuana during work hours and his attempted conversation with Estelle, Adele decided it was time to cut Estelle loose and terminate her employment. Adele called Estelle into her office and gave her the news that she was terminated immediately because her conduct her use of drugs during work hours, and her display of lack of respect to her manager. Further, there would be no termination pay. Estelle became very upset and angry and claimed she was being unjustly treated due to her medical condition. Estelle said her doctor had prescribed the use of marijuana to deal with intestinal problems that arose following her bicycle accident and now she was being fired for following her doctor's orders. a. Outline the issues raised by this fact situation for both Techstellung and for Estelle. b. Advise Adele as to the proper process to be followed in this case. c. Would your advice to Adele change if Estelle were not using marijuana under a doctor's prescription? If so, explain what changes you would make in your advice to Adele