Understanding Laws Involving Employees Work Discrimination

Formatting Instructions:
Title page must display your name, course number and section, and the assignment title (title page is not included in the page limit). For this four-page report, use 1.5 spacing, Times New Roman 12 pt. font, one-inch borders. Point form answers are acceptable. Please reference the question number in your answers instead of re-listing the questions in your answers.
Marks can be allocated equally among the questions.
Question 1:
Pauline works as a financial analyst for an accounting firm located in downtown Vancouver. The firm is not unionized, and she is an employee. She has been working for the firm for over 5 years. Her employer has treated her with courtesy and respect. Pauline has recently become pregnant and told her employer that she will be looking for maternity leave. Her employer agrees but subsequently treats her with disrespect and sometimes is verbally abusive. Her employer also does not give her special projects without any reasons. Working on such special projects provides bonuses pursuant the employment agreement between Pauline and the employer. After some time of this, Pauline becomes overly stressed. She decided to quit.
Identify and briefly explain the two applicable legal issues from this fact pattern.
Question 2:
When hired as a software engineer with Plush Media Inc, Paul signed an employment agreement that contained a clause stating that he agrees not to complete or take employment similar or related to Plush Media Inc. for 6 years after his employment ends with Plush Media Inc. This restriction includes geographic restriction of the entire province of British Columbia. Plush Media Inc. is located in Burnaby, B.C. and provides services within Burnaby and Vancouver.
Please explain whether the clause will be enforceable if Paul ends his employment with Plush Media Inc.
Question 3:
What is the significance of PC 1003 (National War Labour Relations Act) and why is it relevant today? As part of your answer, identify and explain the “pillars” of PC 1003.
Question 4:
Jennifer works for a local municipality that is represented by CUPE (Canadian Union of Public Employees). Her role is a recreational leader where she is required to work at different recreation centres setting up fitness equipment, supervising any fitness facilities and assisting with the set-up of special events. One day, she was asked to clean a room to host a birthday party. To clean the room, she must use the latex gloves available. Jennifer has a physical disability that prevents her from using any form of latex due to the potential life-threatening allergic reactions. She informs her supervisor that she cannot complete the tasks due to this, and asks for the city to order non-latex gloves. The supervisor yells at Jennifer accusing her of being lazy and making up her disability. Jennifer tells the supervisor that she will not risk her health by wearing latex gloves. The supervisor tells her to go home to which she does. Two weeks later, she no longer receives shifts at this particular recreation centre and has her hours reduced significantly. She files a grievance with her union representative seeking a remedy. The union representative contacts the supervisor and then immediately closes the grievance. Jennifer is shocked by this outcome as the union representative did not further investigate her claim and closed the file after talking to the union representative.
Fully explain the two legal issues that affect Jennifer in this scenario.
Question 5:
Section 12 of the Labour Relations Code provides the Duty of Fair Representation. Review the summaries of the leading cases on Section 12 and summarize in your own words the importance of these cases for individuals concerned with section 12 of the Labour Relations Code. Be brief.
British Columbia Labour Relations Board. Arbitrary, discriminatory or bad faith union representation (Links to an external site.).
Question 6:
Review the following guide to the Employment Standards Act of B.C. Please comment on the importance of the Employment Standards Act and provide at least three examples of the “floor of rights” that the Act contains: Province of British Columbia. Employment standards (Links to an external site.).
Question 7:
Dexter suffers from a rare immune system disease that causes him to catch the flu on a regular basis. Dexter is also a strong supporter of the Socialist Party of Canada. Dexter works for Liberty Mobile as a call centre clerk. He has been working there for 12 years. One day, his co-worker told him to apply for the senior management position since he has been there for many years. He often calls in sick due to having the flu on a regular basis (1-2 shifts a month). He also expresses his political views in the lunch room. Dexter decides to apply for the position. When reviewing his application, human resources said that he will not be hired because he gets the flu often and will not be able to fulfill the requirement of working 5 days a week for the management role. Also, human resources said that they do not approve of his political views since he is a socialist and not a capitalist like the company. Dexter learns of the conversation after being denied the job. He has evidence of the conversation and comes to your office to seek legal advice.
Fully explain whether Dexter has a human rights complaint against Liberty Mobile for not being promoted to the senior management role, and the likelihood of success. When answering your question, please provide the applicable law and any defences.
You may use the following link as a reference: BC Human Rights Tribunal. Human Rights and Duties in Employment (Links to an external site.).
Question 8:
Employees of ABC Company are considering to have a Union certified. Describe and explain the steps that a Union must take to certify (unionize) a workplace in BC under the current Labour Code.