1. Who is Really Protected by the
Common Law? Employers, Employees or Both?
In our first lesson, we learned that
the common law is a system of rules developed by judges.
Discussion Question: Given
the employment law cases we have reviewed so far, do you feel it accurate to
say that the common law of employment is more protective of the economic
interests of employers or of employee concerns? There is no correct answer to
this question. You are being asked to express an opinion and to support it with
materials we have examined in class.
2. Maganda’s Job Interview
is an architectural drafter who recently immigrated to Ottawa from Dagupan
City, Philippines. She holds an advanced diploma from Aklan Polytechnic College
and worked for many years in her field at a top firm in the Philippines.
are the HR Advisor at Smith, Rogers and DeWitt LLP, a well-established and
prominent architectural firm in Ottawa. Timothy, one of the senior partners at
SRD has asked you to lead the recruitment and selection process for a Junior
Level Drafter. The firm is looking for someone with at least 1 to 2 years of
experience and a college diploma.
create the job posting and receive Maganda’s application in response. You are
very impressed with her credentials and she is one of three candidates
shortlisted for an interview.
arrives 10 minutes early for the interview. She is professionally dressed and
appears enthusiastic. You greet her at reception and invite her into the
boardroom to meet the selection committee.
interview begins and you notice that the mood from the committee members has
changed from earlier interviews. The committee members do not appear to be interested
nor engaged. Tim is also deviating from the interview script. At one point, he says to Maganda “You speak
English so well. Is it your native language?”
the interview, when assessing the candidates, the committee decides against
hiring Maganda because they feel she is simply not the right “fit” for SRD. In
deliberations, they also discuss the fact that they feel she is overqualified
for the job and would be bored. Tim also makes a comment about her name, saying
“what kind of a name is that anyway?”
you, in your role as the HR Advisor at SRD, address the various issues raised
in this scenario? Why? From a legal standpoint, are there any other ways
address these issues?
3. Ontario Employment Law in the News
2007 Farm Boy Inc., a grocery store chain, fired several employees for making
derogatory comments about the company on Facebook. Read about the story at the
are your thoughts on the company’s decision to end the employment relationship
for this reason? Who was “right”? Why do you feel this way? Your answer should
include and be based on concepts and theories learned in the course.