Employment Law

COMM2603 – Legal Aspects of Business

Assignment 2 – Employment Law

Due: July 6, 2020

20% of Final Grade

Total no more than 6 pages (1,500 words).

3 pages for Policies, 3 pages for Memorandum

Objective: To build on our knowledge to provide an opportunity for the practical application of employment law.  Business people need to ensure that the laws are followed, and this is most often done through guides and policies. 

Two Parts to assignment: 

Part 1 – Employment Policy – 10% of Final Grade

• Students will prepare and develop an employment policy/policies that will coverharassment and discrimination, privacy and termination.
• This policy will be maximum three (3) pages (750 words), 12 pt. Times New Roman, double spaced.
• Students will research Canadian companies websites for existing employment policies. (Tip: Pick an industry to make it easier: banking, grocery, mining) Examples:
  • Grocery/Retail – Sobeys:
  • Dalhousie:
• You may research as many policies as you require to cover:
  • Background information:
    • Who is responsible for the policy?Who is covered by the policy?
    • What is the reason or rationale for the policy?
    • What problem does the policy address?
  • Sexual and verbal harassment:
    • What is sexual harassment?
    • How should employers address sexual harassment in the workplace?
    • What should a policy designed to address sexual harassment contain?
    • What is discrimination and how should employers and employees address discrimination?
  • Technology and Privacy:
    • Personal use of work computers
    • Employee’s expectation of privacy, i.e., monitoring software
    • Responsibility to use work computers in a responsible manner, unlawful conduct, information theft, harassment
    • Explain the consequences for violation of the policy
  • Termination:
    • Establish standards for job performance.
    • Specify steps for improvement/Issue a letter of warning.
    • Ensure performance standards are reasonable.
    • Clarify consequences of failure to improvein meeting standards.
    • Anticipate excuses as to why she or he could not meet the standards.

Part 2 –  Memorandum of the Law – 10% of Final Grade

• Draft a memorandum (max.3 pages, 750 words) 12 pt., double space, Times New Roman.
• Using the legislation provided to you on Brightspace, summarize the law that affects the policy being considered. Relate to the industry you chose. 
• Feel free to research other laws.
• You will summarize the law, paying particular attention to alleviating or improving systemic issues in employment law.
• This memorandum must cover:
  • Sexual and verbal harassment and discrimination:
    • What is law on sexual harassment? What penalties does the law mandate to address sexual harassment?
    • How does the law address discrimination?
    • What are weaknesses in the law?
  • Technology and Privacy:
    • Using the Privacy Act and PIPEDA, what are the legal requirements for privacy in the workplace?
    • Explain the legal consequences for violation of privacy laws
  • Termination:
    • What is the law on termination?
    • What are weaknesses in your opinion?
  • Identify how this helped you think about employment law and issues you may face

Marking Rubric

Policies
Background research on industry and address: ·         Who is responsible for the policy? ·         Who is covered by the policy? ·         What is the reason or rationale for the policy? ·         What problem does the policy address?	2 points
Sexual, verbal harassment and discrimination policy: ·         What is sexual harassment? ·         Why is it prevalent in the workplace? ·         How should employers address sexual harassment in the workplace? ·         Does policy address discrimination?	2 points
Technology and Privacy: ·         Contain provisions about the personal use of work computers ·         Lessen employee’s expectation of privacy, monitoring software ·         Remind employees of their responsibility to use work computers in a responsible manner, unlawful conduct, information theft, harassment ·         Explain the consequences for violation of the policy	2 points
Termination Policy: Does policy: ·       Establish standards for job performance. ·       Specify steps for improvement/Issue a letter of warning. ·       Clarify the consequences of failure to improve. ·       Assist the employee in meeting standards. ·       Anticipate excuses as to why she or he could not meet the standards.	2 points
Professional Presentation: Spelling, grammar, formatting, etc.	2 points
Total for Policy	10 points
Legal Memorandum
Sexual and verbal harassment and discrimination: ·         What is the law on sexual harassment? ·         How should the law respond to sexual harassment in the workplace ? ·         What penalties does the law mandate to address sexual harassment? ·         How does the law address discrimination?  ·         What are the weaknesses in the law?	2 points
Technology and Privacy: ·         Using the Privacy Act and PIPEDA, what are the legal requirements for privacy in the workplace? ·         Explain the legal consequences for violation of privacy laws	2 points
Termination ·           What is the law on termination? ·           What are weaknesses in law?	2 points
Professional Presentation: Spelling, grammar, formatting, etc.	2 points
Identification of personal experience in dealing with employment issues.  Identification of critical thinking skills learned.  How did this help you?	2 points
Total for Memorandum	10 points