Business Law Relating to Employment Law

Question: Discuss about theBusiness Lawfor Relating to Employment Law. Answer: Introduction In Alberta, Canada, the Human Rights Act, 2000 (Act) forbids any sort of discrimination in employment on the basis of age, gender, mental disability, race, family status, sexual orientation and religious beliefs, among the other things (Alberta Queens Printer, 2015). In the following case, the termination of Sally, as per this act, has been highlighted. Case of Sally Issue Whether Sally can sue the employer for the employment violation, or not? Rule As per Section 7(1) (a) of the Act, an employer is prohibited from refusing to employ or continue the employment of an individual due to the protected grounds (Alberta Human Rights Commission, 2015). Under the head of gender, pregnancy is considered as a protected ground; mental disability is also one of the protected grounds (Alberta Human Rights Commission, 2012). Pregnant women are protected under this act from discrimination, for reasons of stillbirth or miscarriage. And in case the employee is unable to work due to pregnancy, they can avail medical leave as a result of pregnancy and if qualified can even avail the benefits which the individual entitled to (Alberta Human Rights Commission, 2010). In case the employer is on leave, either maternity or medical, the employee cannot be terminated, unless valid grounds are present. In case such is done, the act is violated and the aggrieved party can apply to the tribunal for remedies. When the tribunal is satisfied of the breach, section 32 of the Act dictates that an order has to be made for all or any part of any income/ wages lost or the expenses incurred, so as to compensate the individual due to the contravention of this Act (Alberta Queens Printer, 2015). In Maciel v. Fashion Coiffures [2009] HRTO 1804, Jessica Maciel was awarded $35,000 for the lost benefits, wages and punitive damages, as a result the termination of her employment due to pregnancy (The Canadian Legal Information Institute, 2009). In Mou v. MHPM Project Leaders [2016] HRTO 327, the tribunal held that miscarriage is treated as a disability. Due to the emotional distress resulting from the miscarriage, it has to be treated as a disability. Moreover, when miscarriage causes depression, it becomes a disability (The Canadian Legal Information Institute, 2016). In Mackenzie v. Jace Holdings and another (No. 4) [2012] BCHRT 376, due to the discrimination of Sharon Mackenzie by Thrifty Foods, on the basis of her depression, the tribunal ordered the store to pay Mackenzie $5,000 for injury to dignity and over $17,600 for lost wages (The Canadian Legal Information Institute, 2012). Application Sally availed the benefits she was entitled to, to take leave for her depression due to pregnancy. But, upon her return, she was terminated. No valid grounds for such termination were given. The leave was taken as a result of her depression. Mou v. MHPM Project Leaders dictates that miscarriage is a disability. So, she was terminated due to her disability and due to the gender discrimination. Hence, as per the quoted cases, she is eligible to damages in form of compensation for the lost wages and benefits. And any judge would award her the necessary compensation for the discriminatory termination. Conclusion On the basis of above analysis, it can be concluded that Sally could successfully sue the employer for the discrimination. References Alberta Human Rights Commission. (2010). Rights and responsibilities related to pregnancy, childbirth and adoption. Retrieved from: https://www.albertahumanrights.ab.ca/publications/bulletins_sheets_booklets/bulletins/Pages/pregnancy.aspx#canemployerterminate Alberta Human Rights Commission. (2012). Protected areas and grounds under the Alberta Human Rights Act. Retrieved from: https://www.albertahumanrights.ab.ca/publications/bulletins_sheets_booklets/sheets/history_and_info/Pages/protected_areas_grounds.aspx Alberta Human Rights Commission. (2015). Termination and severance. Retrieved from: https://www.albertahumanrights.ab.ca/employment/employer_info/Pages/termination_and_severance.aspx Alberta Queens Printer. (2015). Alberta Human Rights Act. Retrieved from: https://www.qp.alberta.ca/documents/Acts/A25P5.pdf The Canadian Legal Information Institute. (2009). Maciel v. Fashion Coiffures, 2009 HRTO 1804 (CanLII). Retrieved from: https://www.canlii.org/en/bc/bchrt/doc/2012/2012bchrt376/2012bchrt376.html?searchUrlHash=AAAAAQANVGhyaWZ0eSBGb29kcwAAAAABresultIndex=1 The Canadian Legal Information Institute. (2012). Mackenzie v. Jace Holdings and another (No. 4), 2012 BCHRT 376 (CanLII). Retrieved from: https://www.canlii.org/en/bc/bchrt/doc/2012/2012bchrt376/2012bchrt376.html?searchUrlHash=AAAAAQANVGhyaWZ0eSBGb29kcwAAAAABresultIndex=1 The Canadian Legal Information Institute. (2016). Mou v. MHPM Project Leaders, 2016 HRTO 327 (CanLII). Retrieved from: https://www.canlii.org/en/on/onhrt/doc/2016/2016hrto327/2016hrto327.html?searchUrlHash=AAAAAQAKV2lubmllIE1vdQAAAAABresultIndex=1