Homework answers / question archive / Employment Hearing Group Project Overview In this assignment you will analyze an employment law court decision to identify the common law principles related to employment law, articulate the employer and the employee’s (i

Employment Hearing Group Project Overview In this assignment you will analyze an employment law court decision to identify the common law principles related to employment law, articulate the employer and the employee’s (i

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Employment Hearing Group Project Overview In this assignment you will analyze an employment law court decision to identify the common law principles related to employment law, articulate the employer and the employee’s (i.e. the parties) positions, and outline the court’s decision and rationale. This assignment is worth 25% of your grade. Instructions • • • • • • • This is a group assignment. Using the internet, choose a case from the www.canlii.org website. Choose your case from the Alberta provincial jurisdiction. Critically analyze the case using the FILAC model and in relation to employment law topics covered in the course. In particular, identify the common law principles related to employment law that the case highlights. Determine the facts of the case; the issues before the court and both the employer and the employee’s position and/or arguments before the court. Also determine the court’s decision and rationale for the decision. Write a maximum 10-page report including title page and reference page that includes the details in the Marking Criteria table below. Your paper should be written using sections that correspond to the numbers. You are also required to record a presentation using PowerPoint which should be a maximum of 15 minutes. Everyone in the group is to be involved in the presentation. Upload a copy of the case you used from CanLII to D2L. Please see the Rubric to understand how the assignment will be evaluated. Marking Criteria Total marks possible – 100 Marks will be awarded for each of the following sections Written Presentation 1. Provide a brief introduction that outlines what your paper will discuss. Your introduction should include the title of your case, the case citation, and a brief overview of who is involved in the case, the jurisdiction where the case was heard, the year the case was heard, and the main statute that the case falls under. 2. Summarize the relevant facts of the case in your own words. 3. Summary the issues of the case in your own words from both the perspective of the parties involved in the dispute. Remember that issues are the dispute that is in front of the court to resolve. 4. Identify which party has the onus of proof which is determined by the type of issue it is and the employment law in question. Provide rationale for why the onus of proof falls where it does with support from concepts discussed in the course. 5. Identify at least three common law principles related to employment law that are highlighted in this case. This includes applying concepts that you learned from course content 6. Describe the position and/or arguments of the employer. Summarize these in your own words. Do not cut and past from the case as this may result in a mark of zero. 7. Describe the position and/or arguments of the employee. Summarize these in your own words. Do not cut and past from the case as this may result in a mark of zero. 8. Describe the court’s decision and what the court analyzed in making their decision. In this section, be sure to focus on the court’s analysis. This is not your personal or group’s analysis. Present the court’s decision in your own words. Do not cut and past form the case as this may result in a mark of zero. Marks 70 9. Using concepts you have learned in your reading and course material, what are three (3) actions the employer should have taken to avoid this dispute. Written Presentation - Professional Document presentation 1. Document presentation (organized in sections, proper formatting, correct grammar, no spelling mistakes, and correct sentence structure). Paper is a maximum of 10 pages including title page and reference page. 2. Cite the source(s) that you have researched in-text and using a reference page (proper use of APA). 3. Upload your written report to the drop box. Recorded PowerPoint Presentation • Record a professional presentation using PowerPoint that is a maximum of 20 minutes. • Upload the recording and your PowerPoint slides to the assignment drop box. 15 15 Rubric: Employment Case Hearing Criteria Very good Introduction (5) 4-5 The learner provided a concise overview of the context of their paper. Facts of the Case (10) 8-10 Learners will be able to The examine human resource learner demonstrated practices and policies to ensure an accurate compliance with relevant understanding of the employment legislation. relevant facts of the case that led to the dispute. Issues and Burden of Proof 8-10 (10) Learners will be able to discuss The learner accurately employment statutes and identified the legal issue common law to understand relevant to the case and their impact on the business which party had the and end-to-end human burden of proof. resource function. Satisfactory 3 The learner provided an adequate overview of their paper. Needs improvement 0-2 The learner did not provide an overview of their paper. 5-7 0-4 The The learner did not an learner demonstrated some understa understanding of the nding of the relevant facts of the case relevant facts of the case that led to the dispute but not all that led to the dispute. facts were relevant to the dispute. Most facts were not relevant to the dispute. 5-7 0-4 The The learner did not learner demonstrated some understa demonstrate an nding of the legal issue relevant to understanding of the the case but only partially identified legal issue. The legal the main legal issue and/or which issue identified was not party had the burden of proof. accurate or relevant. The learner did not correctly identify which party had the burden of proof. Common Law Principles (10) 8-10 5-7 0-4 Learners will be able to discuss The The The learner did not employment statutes and learner demonstrated learner demonstrated some understa demonstrate an common law to understand an accurate nding of the common law principles understanding of the their impact on the business understanding of the relevant to the dispute but did not common law principles and end-to-end human common law principles fully identify the correct legislation. relevant to the dispute. resource function. relevant to the dispute. Position and arguments of the 16-20 10-15 0-9 employer and employee (20) Learners will be able to assess The learner correctly The learner demonstrated some The learner did not legislative compliance for identified the position understanding of the position and/or demonstrate an reporting to management. and/or arguments of arguments of both parties. understanding of the both parties. position and/or arguments of both parties. Court’s decision and analysis 8-10 5-7 0-4 (10) Learners will be able to assess The learner correctly The learner demonstrated some The learner did not legislative compliance for identified the analysis understanding of the analysis the demonstrate an reporting to management. the court used to make court used to make its decision but understanding of the its decision and did not identify all the main analysis the course used identified all the main components the court used in its to make its decision and components the court analysis. did not accurately used in its analysis. identify the components the court used in its analysis. Risk Mitigation (10) Learners will be able to assess legislative compliance for reporting to management. Professional Document Presentation (10) The learner will be able to demonstrate skills in critical self-editing and rewriting, including organization, clarity of expression and writing style considerations. Citation (5) The learner will demonstrate correct use of APA and legal citations of provincial legislation and court decisions. Recorded PowerPoint Presentation (10) The learner will be able to demonstrate skills in critical self-editing and rewriting, including organization, clarity of expression and writing style considerations. Total (100) 8-10 5-7 0-4 The learner identified The learner identified some ways in The learner did not three relevant and which either the employer could have identify ways in which accurate ways in which avoided the dispute that were the employer could have the employer could have relevant and accurate, but some avoided the dispute or avoided the dispute. tactics were missed or were not presented tactics that relevant or accurate. were not relevant or accurate. 8-10 5-7 0-4 The document is The document is organized with The document is lacking logically organized in some information out of place or organization and is hard sections and easy to improperly formatted. There is to follow. There is a follow. There is a variety appropriate sentence structure and variety of errors in of appropriate sentence vocabulary. There are some grammar sentence structure, structure and and/or spelling mistakes, but the grammar, and/or spelling vocabulary. It is free reader can still that make it difficult to from grammar and understand. Document may be more understand. Document is spelling than 6 pages. Document has a title significantly more than 6 errors. Document is a page; it may have some formatting pages and/or title page is maximum 6 pages and issues. missing. The document includes a wellhas multiple formatting formatted title page. issues. 4-5 3 0-2 All sources are included Only some sources are included in Limited or no reference in the reference page the reference page and/or the in-text page and/or in-text and in-text citations. citations. There are few APA-style citations. There are few APA-style errors in citing the sources. errors in citing the sources. 8-10 5-7 0-4 Content is accurate and Content is mostly accurate and Content isn’t accurate or all required information presented in a logical order. presented in a logical is presented in a logical Presentation doesn’t always flow well order. Presentation order. Presentation and logically. Presentation lacks doesn’t flow well and flows well and logically. creativity to engage the audience. logically. Presentation Presentation reflects Transitions are not always smooth. lacks creativity to engage extensive use of tools in Images are mostly relevant to the the audience. Transitions a creative way. topic and the layout is generally are not smooth. The Transitions are smooth organized and engaging for the presentation uses images and enhance the viewer. that are not relevant to presentation. Images are the topic. The layout is relevant and the layout unorganized and doesn’t is well organized and engage the viewer. engaging for the viewer.