Textbook Notes (363,141)
Canada (158,218)
York University (12,357)
HRM 3420 (11)

cases part 1

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York University
Human Resources Management
HRM 3420
Chris Sweeney

Statutory interpretation mischief rule pg7Court uses micheifl rule to interpret statuteWhether tips qualify on wages for the purposes of wages actRoss a waiter borrowed money and never paid it back was sued for repayment Under Ontarios wages act the plaintiffs had the right to seize 20 of Rosss wages Ross earned minimum wage tips oncstitutede a large portion of his earnigs Platiff argued they should be able to seize his tips without regard to 20 limit since tips werent wages paid by his employer and not covered by wages act Ross argued that he needed his tips to pay his living expensesTips qualify as wages and are protected Underlying intent of wages act is to allow debtors to pay off creditors while still being bale to support themselves Since tips were a significant portion of Rosss earnings seizing them entirely would undermine rosss ability to support himselfFreedom of commerce eclipses human rights pg30Whether it is illegal to refuse to serve an individual in a public establishment on the basis of raceafter the game friends and platiff went to forumms tavern where he ordered a beer He was refused because the house rules prohibited serving coloured persons The defendant corporation claimed that it was merely protectiving its business interests and was to serve whomever it chose Supreme court of Canada found that the refusal to serve an individual on the basis of race was lega In the basecne of alaw specifically forbidding a company from refusing service general principle of freedoms of commerce prevails and mercants are free to deal as they choose with individual members of the publicNegligent misrepresentation of hiring pg67 Weheter the employer was liable for negligent misrepresentation Queen was living with his family in Calgary he was CA for 85 years He responded to employeres ad for a position in Ottawa During interview employer rep told him that job involved a major project that was going to be developed over the next 2 years and woild be maintained by him Although rep was aware at the time that senior maintained by him Although rep was aware at the time that senior management ahd not yet approved finding he didnt tell Queen that the job was dependenat on the funding Queen accepted leaving well paying and secure job He signed a written contract of employment under which he could be terminated without because on one months or pay in lieu of notice He moved his family to Ottawa and terminated shortly after because project failed to materializey Supreme court of Canada found employer breached the duty of care y Negligent misrepresentation test o There must be a duty of care o Representation must be untrue in accurate nad misleading o Party making the representation must have acted negligently I making the misrepresentation o Candidate must have reasonanlbyl relied on negligent misstep o Reliance must have caused harm to the candidate misrepresentation by exuecutive serach firm Executive serach firm liable in both contract and tortWhether the excutive search firm is liable for losses substanined by treaty as a result of employeed fraudDrake exuective search firm drakes marketing material promised that it would provide the highest calicle of professional screening evaluation and reference checking and treaty hired Drakes recommended candidate Ms Simpson When mssimpson resigned form her position 2 years later treaty discovered that she had defrauded the company of over 263 000 It runed out she had 2 defrauded and criminally
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