February 14, 2009

BLAW3100 Employment Law Case Presentation


For BLAW3100, Canadian Business Law, I was to analyze several cases found on CanLII and make a presentation to my class that incorporated debate and discussion from the audience.

The focus for the two cases selected for this presentation was Employment Law, specifically human rights & harassment.

Before presenting the details of the case, relevant law concepts are explained to ensure the audience is given a proper background.

The first case was Roy v. Maksteel Inc. The plaintiff sued his employer claiming wrongful dismissal and discrimination because of his incarceration. The court decided in favour of the plaintiff and awarded loss wages and moral damages totalling $50,000. However, this decision was appealed and the Court of Appeal reversed this decision in the favour of the employer citing the termination was valid as being incarcerated is not an excuse for not showing up to work.

The second case was Mottu v. MacLeod. The plaintiff sued her employer for discrimination based on sex, sexual harrassment, and forced resignation. Mottu was a bartender at a New Westminster nightclub and the case centres around a BCIT student party that had a hawaiian theme. The employer made it mandatory for all female staff to wear a bikini top and skirt, where the male staff could wear shirt and shorts. The case went to the BC Human Rights Tribunal which awarded Mottu $3000 in damages.

To view the full powerpoint, click here.

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