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ASSIGNMENT 2 – – 15% of mark

(choose 1 of these 2 questions)

1 EMPLOYMENT CASE SITUATION SCENARIO

Facts:

1-Selena Gomez worked at Flowers Are US, preparing very large flower orders and placing them in boxes and various packages with wrapping the boxes to secure them to then place them in delivery vans to be loaded to then deliver them to funerals, bar mitzvahs, weddings, funerals, conferences, events.

2-Ms. Gomez worked in a unit with Taylor Swift, Miley Cyrus, Nellie Furtado and Billie Eyelash. Their Supervisor was Bruno Marz. The van drivers who would then drive the trucks this unit would bring and load the orders into were Chuck Roast, Rib Cage and Willy Nelson.

3-Selena, Taylor, Miley and Nellie were all good friends and often joked and might hold hands, hug each other, tease each other, push or pinch each other. Billie was more to herself but got along well with them. Chuck and Rib were goofy and found them funny and would joke with them too. How-ever Willy Nelson made it clear he did not like the behaviour. He said he was very religious and found it inappropriate the women hold hands, touch each other, hug each other and said their joking with Chuck and Rib was also inappropriate and he would constantly tell them to their behaviour was inappropriate but they would ignore him.

4- The usual work day was 9 am to 6 pm with two one half hour breaks. They worked in a very large warehouse behind a store front with three loading docks for the vans that would come and go. The ladies would not only prepare the deliveries but load the trucks. The drivers were solely responsible for delivering on time and unloading.

5-On a Friday, at 4 pm, the team was sitting around playing cards, joking, talking and Miley and Taylor were arm wrestling with others cheering them on as all orders had been done. Suddenly a last minute order came in and the team was told they had an hour to prepare it and load it because the deadline for delivery was 6 pm. Bruno said he knew it was a very big order so he would give the loading team a bonus if they worked fast and Willy was the last van there and he became nervous saying he could get caught in traffic if he did not leave at exactly 5 pm to get it to the customer for 6 pm.

6-Wile they worked,they sang and joked and laughed. Nelson told them to stop joking as they would be late and they told him to mind his own business and they would be on time.

7-Selena did pinch Taylor’s backside as she bent down to fix a load and Miley at one point blew in Nellie’s ear and Nellie and Billy gave each other high fives.

8- At one point Nellie said she puled a neck muscle rushing and Taylor briefly stopped and massaged her neck to get the kink out. At that point Nelson who had been pacing anxiously, climbed up on the dock and began screaming at them and stated, “ your inappropriate touching and goofing around was delaying the work and he would not stand for it.

10. He then got close in Nellie’s face and told her to stop playing with Taylor. Taylor and Billie then pushed Willy out of her immediate space and he tripped off the dock and although did not appear to be injured was embarrassed as they all laughed at him.

11. The load was then completed and they all began laughing at him and making rude gestures and noises. He got in his truck and screamed at them he would file a complaint.

Issue: On Monday morning, Nelson left a memo claiming the unit was engaging in unsafe practices, delayed the delivery by goofing around and engaged in inappropriate sexual behaviour and had attacked and injured him.

Your question: Bruno Marz who saw nothing and is married to Taylor’s brother was asked by the owner of the company, Don Trumpet to write a report as to what happened and work with you brought in as the human resources consultant to resolve the matter and determine what actions should be taken.

Who and what should be investigated and what evidence would you consider? Who should you question and what actions should be investigated? What are the potential issues and legal repercussions? Make up any additional information. Consider this a first time complaint.

OR

2-PAY EQUITY CASE SCENARIO

Facts:

1-Lindsay Lohan, Caitlyn Jenner, Demi Tomato, Beyonce Knowles, Ha Lee Berry, Charlize Telon and work at Harvey Lung’s a retail franchise in a large shopping mall. They work in the perfume/women’s jewellery/hair and beauty products department. Each of them is paid $14.00 per hour and 3% commission per sale.

2. Caitlyn who was in transition to being a woman and identifying as a woman had major interest in sporting goods as she had been a star athlete in high school and applied for a vacancy in the sporting goods unit but was turned down. She was told her “image” was not right for the nature of the work and they had no bathroom to accommodate her.

3-Hulk Hogan, Roman Reigns, Randy Savage, Rick Flair, Jeff Hardy and Steve Austin work in the same store but in the sporting goods/martial arts/hunting department and make $20.00 an hour plus 3% commission. Jeff Hardy was friends with Caitlyn but supposedly the others in the unit did not like her.

3- Sally Fields and Cher Bono work in the accounting department and one day at lunch with the above mentioned women they said they heard from their hair stylist Justin Bieber also trims the nose hairs and eye brows of Law Professor Michael Rubenstein, about pay equity and so how it was unfair the women were being paid less than the men in the other unit. They also told the women that Caitlyn was a victim of discrimination.

4-Two complaints have come in to the HR department one asking for pay equity review of the pay the women are getting and another from Ms. Jenner stating she was a victim of discrimination.

Question: You are the hr advisor to the Executive in charge.

1-Explain to him/her what pay equity is, when it applies and whether the store is obliged to implement pay equity and if so how that might impact on the salaries of the employees particularly if there is a fixed budget for employee pay and the store has not done well and if it readjusts salaries will have to find the money to readjust and redistribute the money from the sporting goods department since the store had closed all other departments during Covid 19 and could not be sure if and when they would come back.

2-Also explain whether there had been discrimination against Ms. Jenner including how a proper interview should have been conducted, i.e., what qualifications should have been considered, what questions could be asked, and the company’s obligations in regards to washrooms and other facilities for its staff.