SlideShare a Scribd company logo
·
Grading Rubric for Assignment 5 — Controlling Project
Performance and Project Closure
Criteria
0Unacceptable
10Developing
20Competent
30Exemplary
1. Illustrate two (2) advantages and two (2) challenges
associated with fast tracking and provide examples based on
your own experience (not examples from the text).
Did not complete the assignment or did not illustrate two (2)
advantages and two (2) challenges associated with fast tracking
and provide examples based on your own experience (not
examples from the text); omitted key information and/or
included irrelevant information. Completed with less than 60%
accuracy, thoroughness, and logic.
Partially illustrated two (2) advantages and two (2) challenges
associated with fast tracking and provided examples based on
your own experience (not examples from the text); omitted
some key information. Completed with 60-79% accuracy,
thoroughness, and logic.
Sufficiently illustrated two (2) advantages and two (2)
challenges associated with fast tracking and provided examples
based on your own experience (not examples from the text).
Completed with 80-89% accuracy, thoroughness, and logic.
Fully illustrated two (2) advantages and two (2) challenges
associated with fast tracking and provided examples based on
your own experience (not examples from the text). Completed
with 90-100% accuracy, thoroughness, and logic.
2. Discuss both what it means and possible causes for a project
with a CPI of 1.2 and an SPI of 0.8 (include hypothetical
figures for PV, AC, and EV in your discussion).
Did not complete the assignment or did not discuss both what it
means and possible causes for a project with a CPI of 1.2 and an
SPI of 0.8; omitted key information and/or included irrelevant
information. Completed with less than 60% accuracy,
thoroughness, and logic.
Partially discussed both what it means and possible causes for a
project with a CPI of 1.2 and an SPI of 0.8; omitted some key
information. Completed with 60-79% accuracy, thoroughness,
and logic.
Sufficiently discussed both what it means and possible causes
for a project with a CPI of 1.2 and an SPI of 0.8. Completed
with 80-89% accuracy, thoroughness, and logic.
Fully discussed both what it means and possible causes for a
project with a CPI of 1.2 and an SPI of 0.8. Completed with 90-
100% accuracy, thoroughness, and logic.
3. Discuss the benefit of effective project closure using
examples to support your answer.
Did not complete the assignment or did not discuss the benefit
of effective project closure using examples to support your
answer; omitted key information and/or included irrelevant
information. Completed with less than 60% accuracy,
thoroughness, and logic.
Partially discussed the benefit of effective project closure using
examples to support your answer; omitted some key
information. Completed with 60-79% accuracy, thoroughness,
and logic.
Sufficiently discussed the benefit of effective project closure
using examples to support your answer. Completed with 80-89%
accuracy, thoroughness, and logic.
Fully discussed the benefit of effective project closure using
examples to support your answer. Completed with 90-100%
accuracy, thoroughness, and logic.
4. Recommend two (2) best practices concerning project closure
that would apply to almost any project.
Did not complete the assignment or did not recommend two (2)
best practices concerning project closure that would apply to
almost any project; omitted key information and/or included
irrelevant information. Completed with less than 60% accuracy,
thoroughness, and logic.
Partially recommended two (2) best practices concerning project
closure that would apply to almost any project; omitted some
key information. Completed with 60-79% accuracy,
thoroughness, and logic.
Sufficiently recommended two (2) best practices concerning
project closure that would apply to almost any project.
Completed with 80-89% accuracy, thoroughness, and logic.
Fully recommended two (2) best practices concerning project
closure that would apply to almost any project. Completed with
90-100% accuracy, thoroughness, and logic.
5. Clarity
Did not complete the assignment or explanations are unclear
and not organized.
(Major issues)
Explanations generally unclear and not well organized.
(Many issues)
Explanations generally clear and/or organized. (Minor issues)
Explanations very clear and well organized.
(Added helpful details)
6. Writing – Grammar, sentence structure, paragraph structure,
spelling, punctuation, APA usage.
Did not complete the assignment or had 8 or more different
errors in grammar, sentence structure, paragraph structure,
spelling, punctuation, or APA usage. (Major issues)
Had 6–7 different errors in grammar, sentence structure,
paragraph structure, spelling, punctuation, or APA usage.
(Many issues)
Had 4–5 different errors in grammar, sentence structure,
paragraph structure, spelling, punctuation, or APA usage.
(Minor issues)
Had 0–3 different errors in grammar, sentence structure,
paragraph structure, spelling, punctuation, or APA usage.
Holloway
Your name here
Christopher Waters
LAW 540
October 22, 2015
Canada’s Need to Take Ownersh*t of its Role in Space
Exploration
A short paper on international space law
Introduction/Issues
A frozen turd ball was ejected from our orbiting space station
and struck a foreign state’s spy satellite. The satellite was
knocked out of orbit and crashed to Earth. The foreign state
now demands reparations from us. This paper will survey the
legal regime for the use of space and states’ obligations with
respect to debris causing damage to other objects in space.
Then, this paper will analyze the current situation to assess our
options for response. This paper concludes that we should pay
reparations to the foreign state and develop technologies to
reduce our production of dangerous debris in space.
Rules
Given that humanity gained access to space relatively recently,
and only a limited number of states actually participate in space
exploration, international space law is still in its infancy.
Although states have jurisdiction over the airspace immediately
above their territory, outer space is understood as a ‘res
communis’, meaning that none of it can form part of a state’s
sovereign territory.[footnoteRef:1] The Treaty on Principles
Governing the Activities of States in the Exploration and Use of
Outer Space, Including the Moon and Other Celestial Bodies
entered into force in 1967 and forms the basis of international
space law.[footnoteRef:2] 103 states, including Canada, have
ratified the treaty and another 25 states are
signatories.[footnoteRef:3] Article III notes the parties’ desires
to promote peace, security, cooperation and understanding with
regards to the use and development of space. Article VIII
specifies that states maintain jurisdiction over whatever objects
or personnel they send into space. [1: Currie, John H. et al,
International Law: Doctrine, Practice and Theory, 2nd ed
(Toronto: Irwin Law, 2014) at 466. ] [2: Treaty on Principles
Governing the Activities of States in the Exploration and Use of
Outer Space, Including the Moon and Other Celestial Bodies, 27
January 1967, 610 UNTS 205 (entered into force 10 October
1967) [Outer Space Treaty].] [3: Committee on the Peaceful
Uses of Outer Space, Status and application of the five United
Nations treaties on outer space, UNGAOR, 54th Sess, Supp No
5, UN Doc A/AC.105/C.2/2015/CRP.8, (2015) at 10 [United
Nations treaties on outer space].]
While various other treaties exist to deal with particular aspects
of international space law, this paper’s focus is states’
obligations with regards to debris causing damage to other
objects in space. To clarify and expand this area of
international space law, the Convention on International
Liability for Damage Caused by Space Objects entered into
force in 1972.[footnoteRef:4] Currently, 92 states, including
Canada, have ratified the treaty and another 21 states are
signatories.[footnoteRef:5] The treaty allows for states to bring
claims against other states to recover damages in the event that
a state’s property from outer space causes damage to another
state’s property – in outer space or on Earth. In 1978, Canada
filed a claim against the USSR under this treaty after a Soviet
satellite was damaged upon re-entry to Earth’s atmosphere and
radioactive debris was scattered across parts of northern
Canada. The USSR paid Canada $3,000,000 as
compensation.[footnoteRef:6] [4: Convention on International
Liability for Damage Caused by Space Objects, 29 March 1972,
961 UNTS 188 (entered into force 1 September 1972) [Space
Liability Convention].] [5: United Nations treaties on outer
space, supra note 3.] [6: Currie, supra note 1 at 470.]
The Report of the Third United Nations Conference on the
Exploration and Peaceful Uses of Outer Space from 1999 laid
out an action plan developed by the UN to facilitate the creation
of an international space regime.[footnoteRef:7] Though no
such regime has been established yet, the document is a
reflection of the international community’s intentions and
attitudes towards space. The plan focuses on establishing
coordinated efforts and strategies, promoting safety measures
and procedures, and recognizing the ways present-day uses of
space will affect the international community and future
generations. [7: The Space Millennium: Vienna Declaration
on Space and Human Development, Report of the Third United
Nations Conference on the Exploration and Peaceful Uses of
Outer Space, UN Doc A/CONF.184/6 (18 October 1999) at 6-19
[Vienna Declaration on Space].]
As human activity in space has increased and our understanding
of the dangers posed by accumulating space debris has
deepened, various states have endorsed guidelines to minimize
the problem. In 2008, the UN adopted the Space Debris
Mitigation Guidelines, as set out in Report of the Committee on
the Peaceful Uses of Outer Space.[footnoteRef:8] These
guidelines encourage states to minimize their production of
debris and to minimize the effects of debris on the space
environment. As guidelines, they are not binding on states, but
they are nevertheless to be taken seriously. It is also worth
noting that many states have adopted similar guidelines
domestically.[footnoteRef:9] [8: Space Debris Mitigation
Guidelines, Report of the Committee on the Peaceful Uses of
Outer Space, UNGAOR, 62nd Sess, Supp No 20, UN Doc
A/62/20 (2007) at 48 [Space Debris Mitigation Guidelines].]
[9: Currie, supra note 1 at 474.]
Analysis
The Outer Space Treaty makes clear that states maintain
jurisdiction over whatever objects or personnel they send into
space. From this, it follows that states also maintain
jurisdiction over whatever objects may separate or emanate
from whatever they send into space. Essentially, states should
be understood to maintain jurisdiction over whatever objects
they are responsible for sending to, or making in, space. It is
clear that Canada has jurisdiction over its orbiting space station
and the personnel aboard the station. And indeed, Canada also
has jurisdiction over the frozen turd balls that were produced
aboard and ejected from the station.
The Space Liability Convention makes clear that states are
liable for any injury they cause to other states as a by-product
of their activities in space. Under this treaty, the foreign state
can bring a claim against Canada to seek reparations for the
damage done to its spy satellite. Especially since Canada has
itself filed a claim and received compensation from the USSR
under this treaty, it would be deeply hypocritical of us to resist
the foreign state’s claim. To do so would not bode well for
Canada’s reputation as a state which acts in good faith and
honours its obligations under international law.
Even if the foreign state is not a party to the Space Liability
Convention and thus cannot use this channel of recourse, it is
still going to be in a strong position to make a claim against
Canada. Firstly, the preponderance of international space law
speaks to the importance of collaboration, sharing, and good
faith in the use of space. Though states have yet to reach
consensus about whether space development should aim to
establish a common heritage for humankind or should allow for
the commodification of space resources by particular
states,[footnoteRef:10] it seems that a minimum level of
cooperation and consideration for the safety and interests of
others is unambiguously expected. The foreign state is well-
positioned to argue that Canada’s practice of ejecting 10 kg
frozen turd balls into space is reckless; that this poses
unnecessary risks; that Canada should be held liable for the
damages it has caused as a result of engaging in this practice.
[10: Ibid at 469.]
Conclusions
Canada has jurisdiction over the ejected turd balls and is liable
under the Space Liability Convention. It seems highly unlikely
that Canada can avoid paying compensation to the foreign state
whose spy satellite we damaged. Moreover, this practice runs
contrary to the Space Debris Mitigation Guidelines. As such,
Canada should endeavor to find alternate means of dealing with
waste produced space aboard the space station.
1
1. Potter v. New Brunswick Legal Aid Services Commission,
2015 SCC 10
Suspension with pay may constitute “constructive dismissal”
Mr. Potter was the Executive Director of the New Brunswick
Legal Aid Services Commission. While the parties were
negotiating a buyout of Mr. Potter’s contract, Mr. Potter
commenced a sick leave. In response, the employer wrote to Mr.
Potter to advise him not to return to work until he was provided
further direction. In the meanwhile, Mr. Potter was suspended
with pay, and his powers were delegated to someone else. Mr.
Potter sued for constructive dismissal.
The Supreme Court of Canada agreed with Mr. Potter, finding
that Mr. Potter had been constructively dismissed, “[i]n light of
the indefinite duration of the suspension, of the fact that the
Commission failed to act in good faith insofar as it withheld
valid business reasons from Mr. Potter, and of the
Commission’s concealed intention to have Mr. Potter
terminated.”
2. Styles v. Alberta Investment Management Company, 2015
ABQB 621
Employers owe a duty of good faith when determining Long-
Term Incentive Plan entitlements post-termination
After approximately three years of employment, Mr. Styles was
terminated on a without cause basis. Pursuant to the terms of his
employment agreement, Mr. Styles was paid three months of
salary.
However, during the course of his employment, Mr. Styles
became eligible to participate in (and did participate in) the
Defendant’s Long Term Incentive Plan. Upon termination, Mr.
Styles was advised that “[a]s per policy, no further payment on
Annual Incentive Plan (AIP) or Long Term Incentive Plan
(LTIP) will be made).”
Despite the fact that the LTIP plan required Mr. Styles to be
“actively employed” on the date that the monies were paid, Mr.
Styles sued his former employer, citing, among other things, the
fact that he had been dismissed shortly before the payout date.
Deciding in favour of Mr. Styles, the Court ordered an LTIP
payout in the amount of $444,205 as a part of Mr. Styles’
severance on the basis that the employer’s strict reliance on the
wording of the LTIP provision would violate the duty of good
faith contractual performance that it owed to Mr. Styles (as
recently established by the Supreme Court of Canada in its 2014
Bhasin v. Hrynew decision). In particular, the court held that
“[w]hen an employment contract includes a condition for the
receipt by an employee of a benefit under the contract and the
employer has the discretion, pursuant to the terms of the
contract, to frustrate the satisfaction of that condition, it
becomes even more important for that discretion to be exercised
fairly, reasonably and not arbitrarily.”
When is the exercise of "discretion" required to be
reasonable?3. O.P.T. v. Presteve Foods, 2015 HRTO 675
New high-water mark in general damages award for human
rights violations
The Applicants, O.P.T. and M.P.T. were temporary foreign
workers who had been employed by Presteve Foods for
approximately nine months. Following their termination, the
Applicants complained of several human rights violations by
Presteve Foods, contrary to the Human Rights Code.
In its decision, the Human Rights Tribunal of Ontario (the
“HRTO”) determined that, during the course of their
employment, the Applicants were subjected to “a persistent and
ongoing pattern of sexual solicitations and advances” by the
owner and principal of Presteve Foods, who “knew or ought
reasonably to have known that these sexual solicitations and
advances were unwelcome, particularly in light of the fact that
O.P.T [and M.P.T.] expressly resisted and rejected his
solicitations and advances on many occasions.”
Likewise, the HRTO concluded that “given that the personal
respondent was the owner and principal of the corporate
respondent at the time of the events at issue, there is no
question that he was part of the directing mind of the corporate
respondent. Accordingly, […] the corporate respondent is also
liable for all violations of [the Human Rights Code that the
HRTO has] found as against the personal respondent.”
On account of the severity of the contraventions of the Human
Rights Code, the HRTO awarded O.P.T. and M.P.T. damages for
injury to dignity, feelings and self-respect in the aggregate
amount of $200,000.
4. Commission de la santé et de la sécurité au travail v. Caron,
2015 QCCA 1048
Scope of duty to accommodate expanded for Quebec employers
In the course of his employment, Mr. Caron developed tennis
elbow, which required surgery. Following the injury, Mr. Caron
was assigned to a temporary position.
A few years later, Mr. Caron’s temporary position was
abolished. His employer indicated that it could not offer another
suitable or available position. Ultimately, Mr. Caron’s
employment was terminated.
On behalf of Mr. Caron, the union commenced a claim, alleging
that the employer had failed to comply with Quebec’s Charter of
Human Rights and Freedoms (the “Charter”). In particular, the
union argued that Mr. Caron’s injury amounted to a handicap
and that the employer had failed to accommodate Mr. Caron to
the point of undue hardship, despite the fact that such
accommodation was not required by Quebec’s Act Respecting
Industrial Accidents and Occupational Diseases (the “Act”). The
administrative tribunal disagreed with the union.
However, the administrative tribunal’s decision was
subsequently overturned by both the Superior Court of Quebec
and the Quebec Court of Appeal. The argument that the Act
constitutes its own autonomous process of accommodation was
dismissed by both courts. Ultimately, the Court of Appeal held
that the quasi-constitutional right to accommodation in the
workplace prescribed by the Charter constitutes a preeminent
standard that transcends the law, employment contracts, and
collective agreements.
On June 15, 2015, in Commission de la santé et de la sécurité au
travail v. Alain Caron et al. 2015 QCCA 1048, the Quebec
Court of Appeal rendered an important decision that changes the
threshold employers must meet when accommodating workplace
injuries.
The court confirmed that an employer has a duty to
accommodate an employee who has suffered an employment
injury resulting in a handicap, even where such an obligation is
not required of the employer by virtue of the Act Respecting
Industrial Accidents and Occupational Diseases (the “Act”).
The Commission des lésions professionnelles (“CLP”) rejected
the union’s arguments. The union then appealed that decision
via a motion for judicial review by the Superior Court of
Quebec.
5. Evans v. Avalon Ford Sales (1996) Limited, 2015 NLSCTD
100
Duty of good faith may require employers to provide employees
with “cooling-off period” to reconsider resignation: failing to
do so may constitute constructive dismissal
After being reprimanded by his employer, Mr. Evans had an
acute stress reaction. Ultimately, Mr. Evans advised the
employer “I’m done”, and placed his cell phone and keys on his
supervisor’s desk.
The next day, Mr. Evans attempted to contact his supervisor,
but was unable to speak with the supervisor directly. In any
event, the supervisor had concluded that Mr. Evans had resigned
from his position.
For the following three weeks, Mr. Evans sought medical
treatment. Thereafter, Mr. Evans provided his supervisor with a
letter explaining why he had left and indicating that his
departure had been involuntary.
In this case, the Supreme Court of Newfoundland and Labrador
found that “the implied term of good faith and fair dealings
which applied to both parties and to the employment contract
required the employer to give Mr. Evans time to cool off and
reconsider”, and that the employer’s “failure to do so represents
a breach of the implied major term of good faith and fair
dealings”, “regardless of whether [Mr. Evans] involuntarily
resigned […] or voluntarily resigned but in circumstances of
confusion or uncertainty.”
On account of the employer’s breach of the duty of good faith
and fair dealings, the court held that the employer had breached
a fundamental term of the employment contract, and therefore
constructively dismissed Mr. Evans. For that reason, Mr. Evans
was awarded damages for pay in lieu of notice in the amount of
$46,201.87.
6. Michela v. St. Thomas of Villanova Catholic School, 2015
ONCA 801
Employer’s financial circumstances not relevant in determining
employee’s notice entitlements upon termination
Following Ms. Michela’s termination, she (and others)
commenced a wrongful-dismissal action against her employer, a
private school, seeking pay in lieu of reasonable notice of
termination.
On a motion for summary judgment, the employer argued that
that its financial circumstances were relevant in determining
Ms. Michela’s termination entitlements. For that reason, the
motion judge found that Ms. Michela’s reasonable notice period
was 12 months but reduced her claim for notice by half, to six
months.
However, Ms. Michela successfully appealed the decision of the
motion judge to the Ontario Court of Appeal. In its decision, the
Court of Appeal held that “the motion judge erred in
considering an employer’s financial circumstances as part of the
“character of the employment.” The court went on to observe
that “[a]n employer’s financial circumstances may well be the
reason for terminating a contract of employment - the event that
gives rise to the employee’s right to reasonable notice. But an
employer’s financial circumstances are not relevant to the
determination of reasonable notice in a particular case: they
justify neither a reduction in the notice period in bad times nor
an increase when times are good.”
Therefore, the court awarded Ms. Michela twelve months of
reasonable notice together with her costs in the amount of
$68,573.42.
7. R v Kazenelson, 2015 ONSC 3639
Supervisors can be criminally charged for criminal negligence
causing death and bodily harm
Mr. Kazenelson was a project manager for a construction
company in Toronto, Metron Construction Incorporated
(“Metron”).
Six workers employed by Metron under Mr. Kazenelson’s
supervision were working on a swing stage when it suddenly
collapsed. Only one of the six workers was attached to a lifeline
as required by both the law and industry practice.
Unfortunately, the other five workers fell more than 100 feet to
the ground. Four of them died, and the fifth sustained serious
injuries.
Although Mr. Kazenelson was aware that there were only two
lifelines available for the six workers and that only one lifeline
was in use, Mr. Kazenelson took no steps to ensure that lifelines
were available for all the workers and that the workers were
using lifelines.
Following the incident, Mr. Kazenelson was charged with four
counts of criminal negligence causing death and one count of
criminal negligence causing bodily harm under section 217.1 of
the Criminal Code. In 2015, Mr. Kazenelson was convicted on
those four counts.
Since that conviction, Mr. Kazenelson has been sentenced to
three and a half years imprisonment.
8. Baroch v. Canada Cartage Diversified GP Inc., 2015 ONSC
40
Overtime class action certification
Mr. Baroch was an employee that worked as a shunter for
Canada Cartage Diversified GP Inc. (“Canada Cartage”). Mr.
Baroch brought an action against Canada Cartage alleging that,
as a matter of policy or practice, Canada Cartage did not follow
the statutory requirements for overtime in Ontario. Mr. Baroch
sought to certify his action as a class action.
The Ontario Superior Court of Justice certified Mr. Baroch’s
action as a class action against Canada Cartage on behalf of all
the employees of Canada Cartage. Mr. Baroch was able to
satisfy the court that the requirement of commonality under the
Ontario Class Proceedings Act had been met by framing his
action around the systemic policies or practices of Canada
Cartage rather than on the individual entitlements of any one
member of the proposed class.
Ultimately, the common issues regarding the employment
agreements, the employer's policy, good faith and honesty,
negligence, unjust enrichment, aggregate damages, and punitive
damages were all certified as a part of the class action. The
proposed common issues regarding breach of the employment
agreements and remedies were not certified.
The Ontario Divisional Court has refused to grant Canada
Cartage leave to appeal the decision.
9. Silvera v. Olympia Jewellery Corp.,2015 ONSC 3760
Human rights damages award for sexual assault
Ms. Silvera was an administrative employee of Olympia Jewelry
Corp. (“Olympia”). Over the course of her employment, Ms.
Silvera was subjected to three separate serious instances of
sexual assault by her boss, Mr. Morris Bazik, and ongoing
sexual harassment. Mr. Bazik touched Ms. Silvera’s breasts on
several occasions, touched her buttocks, insisted she wear
jewelry so he could touch her, and gave her massages. Mr.
Bazik would require Ms. Silvera to stay late at work after other
employees had left for the day (which was unpaid time) and
used the time alone to assault Ms. Silvera and harass her with
questions and comments about her personal life. Ms. Silvera
began to suffer significant emotional damage as a result of this
ongoing sexual harassment.
Ms. Silvera was terminated from Olympia as a result of a leave
she was required to take for a dental emergency and unfounded
allegations of misconduct. Ms. Silvera brought an action for
damages for sexual assault, battery and harassment against
Olympia and Mr. Bazik personally following her termination.
Neither Olympia nor Mr. Bazik participated in the trial and,
consequently, their defence was struck and all of the factual
allegations pleaded in Ms. Silvera’s claim were therefore
deemed to be admitted by Olympia and Mr. Bazik.
Ultimately, the Ontario Superior Court awarded damages of
nearly $300,000 to Ms. Silvera for sexual assault, battery,
wrongful termination, and violation of her rights under the
Human Rights Code. Among other things, the damages were
intended to compensate Ms. Silvera for costs of future therapy
care and future loss of income. The court also awarded damages
of $15,000 to Ms. Silvera’s daughter pursuant to the Ontario
Family Law Act for loss of guidance, care and companionship.
10. Keenan v. Canac Kitchens Ltd., 2015 ONSC 1055
Dependent contractors are entitled to termination pay
Marilyn and Lawrence Keenan (the “Keenans”) are a husband
and wife team who carried on business under the name Keenan
Cabinetry. The Keenans worked for Canac Kitchens Ltd.
(“Canac”) for 32 and 25 years respectively, as foremen and
supervisors of installers.
The Keenans were initially employees of Canac but, in 1987,
Canac advised them that they would cease to be employees and
would become independent contractors. The Keenans continued
working for Canac until 2007 when they were both terminated
without notice as a result of a slowdown in work. While
working for Canac from 1987 to 2007, purportedly as
independent contractors, the Keenans enjoyed employee
discounts, wore shirts with Canac logos, had Canac business
cards, and were given gifts from Canac for long service. Canac
customers and installers believed the Keenans were Canac
representatives.
Following their terminations, the Keenans brought an action for
wrongful dismissal seeking pay in lieu of notice of their
termination.
In response, Canac argued that the Keenans were not entitled to
notice of termination because they were independent
contractors.
The Ontario Superior Court of Justice concluded that the
Keenans were “dependent contractors” rather than independent
contractors and, therefore, were entitled to reasonable notice of
their termination.
On account of the Keenans’ total length of service to Canac, the
court awarded each of them 26 months’ pay in lieu of notice of
their termination.
This decision has recently been upheld by the Ontario Court of
Appeal.
Assignment. Write a Case Analysis. Select one case from the
list provided. This is an individual effort – no group writing is
permitted.
Scenario. You are a departmental manager in a medium sized
firm. The CEO is reviewing and updating the firm’s policies.
The CEO has asked you to draft a Case Analysis in order to
provide policy guidance to meet the firm’s legal obligations.
Structure. Draft paper in 4 parts: Introduction, Rules, Analysis,
Conclusion.
Introduction. Set out the aim of the paper in one clear sentence.
For example: “The aim of this analysis is to provide the legal
background for the adoption of a firm-wide harassment
program”. Complete the paragraph with a short restatement of
the problem; give it context.
Rules. Set out the legal regime that guides your policy
development. Explain how the regulations govern policy
options.
Analysis. Describe the tension between the regime and the
current situation. Explain the consequences to the firm of the
outcome of the case.
Conclusion. Summarise your findings and recommend
reasonable and viable policy options for the CEO.
Layout. Introduction: 2 paragraphs at most. Rules: as much as it
takes to clearly explain the law. Analysis: the main effort – 2 to
2.5 pages. Conclusion and your recommendation: 3 to 4
paragraphs should do it. You are writing for a busy CEO, so be
concise and clear.
Volume. 4 pages maximum. At about 250 words per page in
double-spaced 12 point font and normal formatting, you will
have about 800 - 1000 words.
Marking scheme:
Style: grammar, spelling, citation style and consistency 5%
Structure: Introduction, Regime, Analysis, Conclusion 5%
Content: quality, logic, originality and sophistication
5%
Total:
15%

More Related Content

Similar to · Grading Rubric for Assignment 5 — Controlling Project Perfor.docx

TCFD Workshop: Practical steps for implementation – Wendy McGuinness
TCFD Workshop: Practical steps for implementation – Wendy McGuinnessTCFD Workshop: Practical steps for implementation – Wendy McGuinness
TCFD Workshop: Practical steps for implementation – Wendy McGuinness
McGuinness Institute
 
Watson jom evolution of toc
Watson   jom evolution of tocWatson   jom evolution of toc
Watson jom evolution of toc
Utkan Uluçay, MSc., CDDP
 
RUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docx
RUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docxRUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docx
RUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docx
toltonkendal
 
StandardIPinSpace.pdf
StandardIPinSpace.pdfStandardIPinSpace.pdf
StandardIPinSpace.pdf
ssuserf7cd2b
 
Tdg risk wise_cib_oct16
Tdg risk wise_cib_oct16Tdg risk wise_cib_oct16
Tdg risk wise_cib_oct16
John Hudson
 
Sustainable Development Formal Definition and Modeling
Sustainable Development Formal Definition and ModelingSustainable Development Formal Definition and Modeling
Sustainable Development Formal Definition and Modeling
SSA KPI
 
Project Proposal Template(81418)Title PageDocument Title.docx
Project Proposal Template(81418)Title PageDocument Title.docxProject Proposal Template(81418)Title PageDocument Title.docx
Project Proposal Template(81418)Title PageDocument Title.docx
AASTHA76
 
Case Study RubricThis assignment involves your having to do rese.docx
Case Study RubricThis assignment involves your having to do rese.docxCase Study RubricThis assignment involves your having to do rese.docx
Case Study RubricThis assignment involves your having to do rese.docx
tidwellveronique
 
Management, Cost, and Schedule Paper for Project A.D.I.O.S.
Management, Cost, and Schedule Paper for Project A.D.I.O.S.Management, Cost, and Schedule Paper for Project A.D.I.O.S.
Management, Cost, and Schedule Paper for Project A.D.I.O.S.
Sung (Stephen) Kim
 
Project Management Masters Thesis - Gary Hayes
Project Management Masters Thesis - Gary Hayes Project Management Masters Thesis - Gary Hayes
Project Management Masters Thesis - Gary Hayes
Gary Hayes
 
Thomson Reuters at NIST TAC 2008
Thomson Reuters at NIST TAC 2008Thomson Reuters at NIST TAC 2008
Thomson Reuters at NIST TAC 2008
leidner
 
D2.1.pdf
D2.1.pdfD2.1.pdf
D2.1.pdf
Biosense1
 
1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx
1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx
1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx
lorainedeserre
 
Enr sro1 d1 space wp 1 and 2 deliverable_website
Enr sro1 d1 space wp 1 and 2 deliverable_websiteEnr sro1 d1 space wp 1 and 2 deliverable_website
Enr sro1 d1 space wp 1 and 2 deliverable_website
Bricicaru Ilie
 
Minimization of Risks in Construction projects
Minimization of Risks in Construction projectsMinimization of Risks in Construction projects
Minimization of Risks in Construction projects
IRJET Journal
 
Berbagi Pengalaman Menjawab Proses Review KTI
Berbagi Pengalaman Menjawab Proses Review KTIBerbagi Pengalaman Menjawab Proses Review KTI
Berbagi Pengalaman Menjawab Proses Review KTI
ssusera4da91
 
Running head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docx
Running head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docxRunning head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docx
Running head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docx
jeanettehully
 
RegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docx
RegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docxRegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docx
RegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docx
audeleypearl
 
Cold War Essay.pdf
Cold War Essay.pdfCold War Essay.pdf
Cold War Essay.pdf
Amanda Cote
 
Week 3 Reflective JournalPrior to beginning work on this assig.docx
Week 3 Reflective JournalPrior to beginning work on this assig.docxWeek 3 Reflective JournalPrior to beginning work on this assig.docx
Week 3 Reflective JournalPrior to beginning work on this assig.docx
jessiehampson
 

Similar to · Grading Rubric for Assignment 5 — Controlling Project Perfor.docx (20)

TCFD Workshop: Practical steps for implementation – Wendy McGuinness
TCFD Workshop: Practical steps for implementation – Wendy McGuinnessTCFD Workshop: Practical steps for implementation – Wendy McGuinness
TCFD Workshop: Practical steps for implementation – Wendy McGuinness
 
Watson jom evolution of toc
Watson   jom evolution of tocWatson   jom evolution of toc
Watson jom evolution of toc
 
RUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docx
RUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docxRUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docx
RUNNING HEAD PROJECT SCHEDULE1PROJECT SCHEDULE5Instr.docx
 
StandardIPinSpace.pdf
StandardIPinSpace.pdfStandardIPinSpace.pdf
StandardIPinSpace.pdf
 
Tdg risk wise_cib_oct16
Tdg risk wise_cib_oct16Tdg risk wise_cib_oct16
Tdg risk wise_cib_oct16
 
Sustainable Development Formal Definition and Modeling
Sustainable Development Formal Definition and ModelingSustainable Development Formal Definition and Modeling
Sustainable Development Formal Definition and Modeling
 
Project Proposal Template(81418)Title PageDocument Title.docx
Project Proposal Template(81418)Title PageDocument Title.docxProject Proposal Template(81418)Title PageDocument Title.docx
Project Proposal Template(81418)Title PageDocument Title.docx
 
Case Study RubricThis assignment involves your having to do rese.docx
Case Study RubricThis assignment involves your having to do rese.docxCase Study RubricThis assignment involves your having to do rese.docx
Case Study RubricThis assignment involves your having to do rese.docx
 
Management, Cost, and Schedule Paper for Project A.D.I.O.S.
Management, Cost, and Schedule Paper for Project A.D.I.O.S.Management, Cost, and Schedule Paper for Project A.D.I.O.S.
Management, Cost, and Schedule Paper for Project A.D.I.O.S.
 
Project Management Masters Thesis - Gary Hayes
Project Management Masters Thesis - Gary Hayes Project Management Masters Thesis - Gary Hayes
Project Management Masters Thesis - Gary Hayes
 
Thomson Reuters at NIST TAC 2008
Thomson Reuters at NIST TAC 2008Thomson Reuters at NIST TAC 2008
Thomson Reuters at NIST TAC 2008
 
D2.1.pdf
D2.1.pdfD2.1.pdf
D2.1.pdf
 
1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx
1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx
1To ADD name, titleFrom ADD your nameDate ADD date Subject S.docx
 
Enr sro1 d1 space wp 1 and 2 deliverable_website
Enr sro1 d1 space wp 1 and 2 deliverable_websiteEnr sro1 d1 space wp 1 and 2 deliverable_website
Enr sro1 d1 space wp 1 and 2 deliverable_website
 
Minimization of Risks in Construction projects
Minimization of Risks in Construction projectsMinimization of Risks in Construction projects
Minimization of Risks in Construction projects
 
Berbagi Pengalaman Menjawab Proses Review KTI
Berbagi Pengalaman Menjawab Proses Review KTIBerbagi Pengalaman Menjawab Proses Review KTI
Berbagi Pengalaman Menjawab Proses Review KTI
 
Running head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docx
Running head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docxRunning head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docx
Running head RESEARCH METHODOLOGY, DESIGN AND METHODS 1RESEARC.docx
 
RegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docx
RegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docxRegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docx
RegisterRisk Register#RiskImpact on ProjectCost $LikelihoodImpact .docx
 
Cold War Essay.pdf
Cold War Essay.pdfCold War Essay.pdf
Cold War Essay.pdf
 
Week 3 Reflective JournalPrior to beginning work on this assig.docx
Week 3 Reflective JournalPrior to beginning work on this assig.docxWeek 3 Reflective JournalPrior to beginning work on this assig.docx
Week 3 Reflective JournalPrior to beginning work on this assig.docx
 

More from oswald1horne84988

1 Network Analysis and Design This assignment is.docx
1  Network Analysis and Design  This assignment is.docx1  Network Analysis and Design  This assignment is.docx
1 Network Analysis and Design This assignment is.docx
oswald1horne84988
 
1 Name _____________________________ MTH129 Fall .docx
1  Name  _____________________________ MTH129 Fall .docx1  Name  _____________________________ MTH129 Fall .docx
1 Name _____________________________ MTH129 Fall .docx
oswald1horne84988
 
1 Lab 8 -Ballistic Pendulum Since you will be desig.docx
1  Lab 8 -Ballistic Pendulum Since you will be desig.docx1  Lab 8 -Ballistic Pendulum Since you will be desig.docx
1 Lab 8 -Ballistic Pendulum Since you will be desig.docx
oswald1horne84988
 
1 I Samuel 8-10 Israel Asks for a King 8 When S.docx
1  I Samuel 8-10 Israel Asks for a King 8 When S.docx1  I Samuel 8-10 Israel Asks for a King 8 When S.docx
1 I Samuel 8-10 Israel Asks for a King 8 When S.docx
oswald1horne84988
 
1 Journal Entry #9 What principle did you select .docx
1  Journal Entry #9 What principle did you select .docx1  Journal Entry #9 What principle did you select .docx
1 Journal Entry #9 What principle did you select .docx
oswald1horne84988
 
1 HCA 448 Case 2 for 10042018 Recently, a pat.docx
1  HCA 448 Case 2 for 10042018 Recently, a pat.docx1  HCA 448 Case 2 for 10042018 Recently, a pat.docx
1 HCA 448 Case 2 for 10042018 Recently, a pat.docx
oswald1horne84988
 
1 Chapter 2 Understanding Rhetoric Goal To re.docx
1  Chapter 2 Understanding Rhetoric  Goal To re.docx1  Chapter 2 Understanding Rhetoric  Goal To re.docx
1 Chapter 2 Understanding Rhetoric Goal To re.docx
oswald1horne84988
 
1 HC2091 Finance for Business Trimester 2 2.docx
1  HC2091 Finance for Business      Trimester 2 2.docx1  HC2091 Finance for Business      Trimester 2 2.docx
1 HC2091 Finance for Business Trimester 2 2.docx
oswald1horne84988
 
1 ECE 175 Computer Programming for Engineering Applica.docx
1  ECE 175 Computer Programming for Engineering Applica.docx1  ECE 175 Computer Programming for Engineering Applica.docx
1 ECE 175 Computer Programming for Engineering Applica.docx
oswald1horne84988
 
1 Cinemark Holdings Inc. Simulated ERM Program .docx
1  Cinemark Holdings Inc. Simulated ERM Program  .docx1  Cinemark Holdings Inc. Simulated ERM Program  .docx
1 Cinemark Holdings Inc. Simulated ERM Program .docx
oswald1horne84988
 
1 Figure 1 Picture of Richard Selzer Richard Selz.docx
1  Figure 1 Picture of Richard Selzer Richard Selz.docx1  Figure 1 Picture of Richard Selzer Richard Selz.docx
1 Figure 1 Picture of Richard Selzer Richard Selz.docx
oswald1horne84988
 
1 Films on Africa 1. A star () next to a film i.docx
1  Films on Africa  1. A star () next to a film i.docx1  Films on Africa  1. A star () next to a film i.docx
1 Films on Africa 1. A star () next to a film i.docx
oswald1horne84988
 
1 Contemporary Approaches in Management of Risk in .docx
1  Contemporary Approaches in Management of Risk in .docx1  Contemporary Approaches in Management of Risk in .docx
1 Contemporary Approaches in Management of Risk in .docx
oswald1horne84988
 
1 Assignment front Sheet Qualification Unit n.docx
1  Assignment front Sheet   Qualification Unit n.docx1  Assignment front Sheet   Qualification Unit n.docx
1 Assignment front Sheet Qualification Unit n.docx
oswald1horne84988
 
1 BBS300 Empirical Research Methods for Business .docx
1  BBS300 Empirical  Research  Methods  for  Business .docx1  BBS300 Empirical  Research  Methods  for  Business .docx
1 BBS300 Empirical Research Methods for Business .docx
oswald1horne84988
 
1 ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx
1  ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx1  ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx
1 ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx
oswald1horne84988
 
1 Assessment details for ALL students Assessment item.docx
1  Assessment details for ALL students Assessment item.docx1  Assessment details for ALL students Assessment item.docx
1 Assessment details for ALL students Assessment item.docx
oswald1horne84988
 
1 CDU APA 6th Referencing Style Guide (Febru.docx
1  CDU APA 6th  Referencing Style Guide (Febru.docx1  CDU APA 6th  Referencing Style Guide (Febru.docx
1 CDU APA 6th Referencing Style Guide (Febru.docx
oswald1horne84988
 
1 BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx
1  BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx1  BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx
1 BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx
oswald1horne84988
 
1 Business Intelligence Case Project Backgro.docx
1  Business Intelligence Case    Project Backgro.docx1  Business Intelligence Case    Project Backgro.docx
1 Business Intelligence Case Project Backgro.docx
oswald1horne84988
 

More from oswald1horne84988 (20)

1 Network Analysis and Design This assignment is.docx
1  Network Analysis and Design  This assignment is.docx1  Network Analysis and Design  This assignment is.docx
1 Network Analysis and Design This assignment is.docx
 
1 Name _____________________________ MTH129 Fall .docx
1  Name  _____________________________ MTH129 Fall .docx1  Name  _____________________________ MTH129 Fall .docx
1 Name _____________________________ MTH129 Fall .docx
 
1 Lab 8 -Ballistic Pendulum Since you will be desig.docx
1  Lab 8 -Ballistic Pendulum Since you will be desig.docx1  Lab 8 -Ballistic Pendulum Since you will be desig.docx
1 Lab 8 -Ballistic Pendulum Since you will be desig.docx
 
1 I Samuel 8-10 Israel Asks for a King 8 When S.docx
1  I Samuel 8-10 Israel Asks for a King 8 When S.docx1  I Samuel 8-10 Israel Asks for a King 8 When S.docx
1 I Samuel 8-10 Israel Asks for a King 8 When S.docx
 
1 Journal Entry #9 What principle did you select .docx
1  Journal Entry #9 What principle did you select .docx1  Journal Entry #9 What principle did you select .docx
1 Journal Entry #9 What principle did you select .docx
 
1 HCA 448 Case 2 for 10042018 Recently, a pat.docx
1  HCA 448 Case 2 for 10042018 Recently, a pat.docx1  HCA 448 Case 2 for 10042018 Recently, a pat.docx
1 HCA 448 Case 2 for 10042018 Recently, a pat.docx
 
1 Chapter 2 Understanding Rhetoric Goal To re.docx
1  Chapter 2 Understanding Rhetoric  Goal To re.docx1  Chapter 2 Understanding Rhetoric  Goal To re.docx
1 Chapter 2 Understanding Rhetoric Goal To re.docx
 
1 HC2091 Finance for Business Trimester 2 2.docx
1  HC2091 Finance for Business      Trimester 2 2.docx1  HC2091 Finance for Business      Trimester 2 2.docx
1 HC2091 Finance for Business Trimester 2 2.docx
 
1 ECE 175 Computer Programming for Engineering Applica.docx
1  ECE 175 Computer Programming for Engineering Applica.docx1  ECE 175 Computer Programming for Engineering Applica.docx
1 ECE 175 Computer Programming for Engineering Applica.docx
 
1 Cinemark Holdings Inc. Simulated ERM Program .docx
1  Cinemark Holdings Inc. Simulated ERM Program  .docx1  Cinemark Holdings Inc. Simulated ERM Program  .docx
1 Cinemark Holdings Inc. Simulated ERM Program .docx
 
1 Figure 1 Picture of Richard Selzer Richard Selz.docx
1  Figure 1 Picture of Richard Selzer Richard Selz.docx1  Figure 1 Picture of Richard Selzer Richard Selz.docx
1 Figure 1 Picture of Richard Selzer Richard Selz.docx
 
1 Films on Africa 1. A star () next to a film i.docx
1  Films on Africa  1. A star () next to a film i.docx1  Films on Africa  1. A star () next to a film i.docx
1 Films on Africa 1. A star () next to a film i.docx
 
1 Contemporary Approaches in Management of Risk in .docx
1  Contemporary Approaches in Management of Risk in .docx1  Contemporary Approaches in Management of Risk in .docx
1 Contemporary Approaches in Management of Risk in .docx
 
1 Assignment front Sheet Qualification Unit n.docx
1  Assignment front Sheet   Qualification Unit n.docx1  Assignment front Sheet   Qualification Unit n.docx
1 Assignment front Sheet Qualification Unit n.docx
 
1 BBS300 Empirical Research Methods for Business .docx
1  BBS300 Empirical  Research  Methods  for  Business .docx1  BBS300 Empirical  Research  Methods  for  Business .docx
1 BBS300 Empirical Research Methods for Business .docx
 
1 ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx
1  ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx1  ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx
1 ASSIGNMENT 7 C – MERGING DATA FILES IN STATA Do.docx
 
1 Assessment details for ALL students Assessment item.docx
1  Assessment details for ALL students Assessment item.docx1  Assessment details for ALL students Assessment item.docx
1 Assessment details for ALL students Assessment item.docx
 
1 CDU APA 6th Referencing Style Guide (Febru.docx
1  CDU APA 6th  Referencing Style Guide (Febru.docx1  CDU APA 6th  Referencing Style Guide (Febru.docx
1 CDU APA 6th Referencing Style Guide (Febru.docx
 
1 BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx
1  BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx1  BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx
1 BIOL 102 Lab 9 Simulated ABO and Rh Blood Typing.docx
 
1 Business Intelligence Case Project Backgro.docx
1  Business Intelligence Case    Project Backgro.docx1  Business Intelligence Case    Project Backgro.docx
1 Business Intelligence Case Project Backgro.docx
 

Recently uploaded

How to Make a Field Mandatory in Odoo 17
How to Make a Field Mandatory in Odoo 17How to Make a Field Mandatory in Odoo 17
How to Make a Field Mandatory in Odoo 17
Celine George
 
Présentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptx
Présentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptxPrésentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptx
Présentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptx
siemaillard
 
Your Skill Boost Masterclass: Strategies for Effective Upskilling
Your Skill Boost Masterclass: Strategies for Effective UpskillingYour Skill Boost Masterclass: Strategies for Effective Upskilling
Your Skill Boost Masterclass: Strategies for Effective Upskilling
Excellence Foundation for South Sudan
 
A Independência da América Espanhola LAPBOOK.pdf
A Independência da América Espanhola LAPBOOK.pdfA Independência da América Espanhola LAPBOOK.pdf
A Independência da América Espanhola LAPBOOK.pdf
Jean Carlos Nunes Paixão
 
How to deliver Powerpoint Presentations.pptx
How to deliver Powerpoint  Presentations.pptxHow to deliver Powerpoint  Presentations.pptx
How to deliver Powerpoint Presentations.pptx
HajraNaeem15
 
Temple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation resultsTemple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation results
Krassimira Luka
 
ZK on Polkadot zero knowledge proofs - sub0.pptx
ZK on Polkadot zero knowledge proofs - sub0.pptxZK on Polkadot zero knowledge proofs - sub0.pptx
ZK on Polkadot zero knowledge proofs - sub0.pptx
dot55audits
 
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumPhilippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
MJDuyan
 
Wound healing PPT
Wound healing PPTWound healing PPT
Wound healing PPT
Jyoti Chand
 
Solutons Maths Escape Room Spatial .pptx
Solutons Maths Escape Room Spatial .pptxSolutons Maths Escape Room Spatial .pptx
Solutons Maths Escape Room Spatial .pptx
spdendr
 
writing about opinions about Australia the movie
writing about opinions about Australia the moviewriting about opinions about Australia the movie
writing about opinions about Australia the movie
Nicholas Montgomery
 
Constructing Your Course Container for Effective Communication
Constructing Your Course Container for Effective CommunicationConstructing Your Course Container for Effective Communication
Constructing Your Course Container for Effective Communication
Chevonnese Chevers Whyte, MBA, B.Sc.
 
C1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptx
C1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptxC1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptx
C1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptx
mulvey2
 
Gender and Mental Health - Counselling and Family Therapy Applications and In...
Gender and Mental Health - Counselling and Family Therapy Applications and In...Gender and Mental Health - Counselling and Family Therapy Applications and In...
Gender and Mental Health - Counselling and Family Therapy Applications and In...
PsychoTech Services
 
math operations ued in python and all used
math operations ued in python and all usedmath operations ued in python and all used
math operations ued in python and all used
ssuser13ffe4
 
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
PECB
 
The History of Stoke Newington Street Names
The History of Stoke Newington Street NamesThe History of Stoke Newington Street Names
The History of Stoke Newington Street Names
History of Stoke Newington
 
spot a liar (Haiqa 146).pptx Technical writhing and presentation skills
spot a liar (Haiqa 146).pptx Technical writhing and presentation skillsspot a liar (Haiqa 146).pptx Technical writhing and presentation skills
spot a liar (Haiqa 146).pptx Technical writhing and presentation skills
haiqairshad
 
clinical examination of hip joint (1).pdf
clinical examination of hip joint (1).pdfclinical examination of hip joint (1).pdf
clinical examination of hip joint (1).pdf
Priyankaranawat4
 
Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...
Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...
Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...
imrankhan141184
 

Recently uploaded (20)

How to Make a Field Mandatory in Odoo 17
How to Make a Field Mandatory in Odoo 17How to Make a Field Mandatory in Odoo 17
How to Make a Field Mandatory in Odoo 17
 
Présentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptx
Présentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptxPrésentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptx
Présentationvvvvvvvvvvvvvvvvvvvvvvvvvvvv2.pptx
 
Your Skill Boost Masterclass: Strategies for Effective Upskilling
Your Skill Boost Masterclass: Strategies for Effective UpskillingYour Skill Boost Masterclass: Strategies for Effective Upskilling
Your Skill Boost Masterclass: Strategies for Effective Upskilling
 
A Independência da América Espanhola LAPBOOK.pdf
A Independência da América Espanhola LAPBOOK.pdfA Independência da América Espanhola LAPBOOK.pdf
A Independência da América Espanhola LAPBOOK.pdf
 
How to deliver Powerpoint Presentations.pptx
How to deliver Powerpoint  Presentations.pptxHow to deliver Powerpoint  Presentations.pptx
How to deliver Powerpoint Presentations.pptx
 
Temple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation resultsTemple of Asclepius in Thrace. Excavation results
Temple of Asclepius in Thrace. Excavation results
 
ZK on Polkadot zero knowledge proofs - sub0.pptx
ZK on Polkadot zero knowledge proofs - sub0.pptxZK on Polkadot zero knowledge proofs - sub0.pptx
ZK on Polkadot zero knowledge proofs - sub0.pptx
 
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumPhilippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) Curriculum
 
Wound healing PPT
Wound healing PPTWound healing PPT
Wound healing PPT
 
Solutons Maths Escape Room Spatial .pptx
Solutons Maths Escape Room Spatial .pptxSolutons Maths Escape Room Spatial .pptx
Solutons Maths Escape Room Spatial .pptx
 
writing about opinions about Australia the movie
writing about opinions about Australia the moviewriting about opinions about Australia the movie
writing about opinions about Australia the movie
 
Constructing Your Course Container for Effective Communication
Constructing Your Course Container for Effective CommunicationConstructing Your Course Container for Effective Communication
Constructing Your Course Container for Effective Communication
 
C1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptx
C1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptxC1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptx
C1 Rubenstein AP HuG xxxxxxxxxxxxxx.pptx
 
Gender and Mental Health - Counselling and Family Therapy Applications and In...
Gender and Mental Health - Counselling and Family Therapy Applications and In...Gender and Mental Health - Counselling and Family Therapy Applications and In...
Gender and Mental Health - Counselling and Family Therapy Applications and In...
 
math operations ued in python and all used
math operations ued in python and all usedmath operations ued in python and all used
math operations ued in python and all used
 
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...
 
The History of Stoke Newington Street Names
The History of Stoke Newington Street NamesThe History of Stoke Newington Street Names
The History of Stoke Newington Street Names
 
spot a liar (Haiqa 146).pptx Technical writhing and presentation skills
spot a liar (Haiqa 146).pptx Technical writhing and presentation skillsspot a liar (Haiqa 146).pptx Technical writhing and presentation skills
spot a liar (Haiqa 146).pptx Technical writhing and presentation skills
 
clinical examination of hip joint (1).pdf
clinical examination of hip joint (1).pdfclinical examination of hip joint (1).pdf
clinical examination of hip joint (1).pdf
 
Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...
Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...
Traditional Musical Instruments of Arunachal Pradesh and Uttar Pradesh - RAYH...
 

· Grading Rubric for Assignment 5 — Controlling Project Perfor.docx

  • 1. · Grading Rubric for Assignment 5 — Controlling Project Performance and Project Closure Criteria 0Unacceptable 10Developing 20Competent 30Exemplary 1. Illustrate two (2) advantages and two (2) challenges associated with fast tracking and provide examples based on your own experience (not examples from the text). Did not complete the assignment or did not illustrate two (2) advantages and two (2) challenges associated with fast tracking and provide examples based on your own experience (not examples from the text); omitted key information and/or included irrelevant information. Completed with less than 60% accuracy, thoroughness, and logic. Partially illustrated two (2) advantages and two (2) challenges associated with fast tracking and provided examples based on your own experience (not examples from the text); omitted some key information. Completed with 60-79% accuracy, thoroughness, and logic. Sufficiently illustrated two (2) advantages and two (2) challenges associated with fast tracking and provided examples based on your own experience (not examples from the text). Completed with 80-89% accuracy, thoroughness, and logic. Fully illustrated two (2) advantages and two (2) challenges associated with fast tracking and provided examples based on your own experience (not examples from the text). Completed with 90-100% accuracy, thoroughness, and logic. 2. Discuss both what it means and possible causes for a project with a CPI of 1.2 and an SPI of 0.8 (include hypothetical
  • 2. figures for PV, AC, and EV in your discussion). Did not complete the assignment or did not discuss both what it means and possible causes for a project with a CPI of 1.2 and an SPI of 0.8; omitted key information and/or included irrelevant information. Completed with less than 60% accuracy, thoroughness, and logic. Partially discussed both what it means and possible causes for a project with a CPI of 1.2 and an SPI of 0.8; omitted some key information. Completed with 60-79% accuracy, thoroughness, and logic. Sufficiently discussed both what it means and possible causes for a project with a CPI of 1.2 and an SPI of 0.8. Completed with 80-89% accuracy, thoroughness, and logic. Fully discussed both what it means and possible causes for a project with a CPI of 1.2 and an SPI of 0.8. Completed with 90- 100% accuracy, thoroughness, and logic. 3. Discuss the benefit of effective project closure using examples to support your answer. Did not complete the assignment or did not discuss the benefit of effective project closure using examples to support your answer; omitted key information and/or included irrelevant information. Completed with less than 60% accuracy, thoroughness, and logic. Partially discussed the benefit of effective project closure using examples to support your answer; omitted some key information. Completed with 60-79% accuracy, thoroughness, and logic. Sufficiently discussed the benefit of effective project closure using examples to support your answer. Completed with 80-89% accuracy, thoroughness, and logic. Fully discussed the benefit of effective project closure using examples to support your answer. Completed with 90-100% accuracy, thoroughness, and logic. 4. Recommend two (2) best practices concerning project closure that would apply to almost any project. Did not complete the assignment or did not recommend two (2)
  • 3. best practices concerning project closure that would apply to almost any project; omitted key information and/or included irrelevant information. Completed with less than 60% accuracy, thoroughness, and logic. Partially recommended two (2) best practices concerning project closure that would apply to almost any project; omitted some key information. Completed with 60-79% accuracy, thoroughness, and logic. Sufficiently recommended two (2) best practices concerning project closure that would apply to almost any project. Completed with 80-89% accuracy, thoroughness, and logic. Fully recommended two (2) best practices concerning project closure that would apply to almost any project. Completed with 90-100% accuracy, thoroughness, and logic. 5. Clarity Did not complete the assignment or explanations are unclear and not organized. (Major issues) Explanations generally unclear and not well organized. (Many issues) Explanations generally clear and/or organized. (Minor issues) Explanations very clear and well organized. (Added helpful details) 6. Writing – Grammar, sentence structure, paragraph structure, spelling, punctuation, APA usage. Did not complete the assignment or had 8 or more different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, or APA usage. (Major issues) Had 6–7 different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, or APA usage. (Many issues) Had 4–5 different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, or APA usage. (Minor issues) Had 0–3 different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, or APA usage.
  • 4. Holloway Your name here Christopher Waters LAW 540 October 22, 2015 Canada’s Need to Take Ownersh*t of its Role in Space Exploration A short paper on international space law Introduction/Issues A frozen turd ball was ejected from our orbiting space station and struck a foreign state’s spy satellite. The satellite was knocked out of orbit and crashed to Earth. The foreign state now demands reparations from us. This paper will survey the legal regime for the use of space and states’ obligations with respect to debris causing damage to other objects in space. Then, this paper will analyze the current situation to assess our options for response. This paper concludes that we should pay
  • 5. reparations to the foreign state and develop technologies to reduce our production of dangerous debris in space. Rules Given that humanity gained access to space relatively recently, and only a limited number of states actually participate in space exploration, international space law is still in its infancy. Although states have jurisdiction over the airspace immediately above their territory, outer space is understood as a ‘res communis’, meaning that none of it can form part of a state’s sovereign territory.[footnoteRef:1] The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies entered into force in 1967 and forms the basis of international space law.[footnoteRef:2] 103 states, including Canada, have ratified the treaty and another 25 states are signatories.[footnoteRef:3] Article III notes the parties’ desires to promote peace, security, cooperation and understanding with regards to the use and development of space. Article VIII specifies that states maintain jurisdiction over whatever objects or personnel they send into space. [1: Currie, John H. et al, International Law: Doctrine, Practice and Theory, 2nd ed (Toronto: Irwin Law, 2014) at 466. ] [2: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 27 January 1967, 610 UNTS 205 (entered into force 10 October 1967) [Outer Space Treaty].] [3: Committee on the Peaceful Uses of Outer Space, Status and application of the five United Nations treaties on outer space, UNGAOR, 54th Sess, Supp No 5, UN Doc A/AC.105/C.2/2015/CRP.8, (2015) at 10 [United Nations treaties on outer space].] While various other treaties exist to deal with particular aspects of international space law, this paper’s focus is states’ obligations with regards to debris causing damage to other objects in space. To clarify and expand this area of international space law, the Convention on International
  • 6. Liability for Damage Caused by Space Objects entered into force in 1972.[footnoteRef:4] Currently, 92 states, including Canada, have ratified the treaty and another 21 states are signatories.[footnoteRef:5] The treaty allows for states to bring claims against other states to recover damages in the event that a state’s property from outer space causes damage to another state’s property – in outer space or on Earth. In 1978, Canada filed a claim against the USSR under this treaty after a Soviet satellite was damaged upon re-entry to Earth’s atmosphere and radioactive debris was scattered across parts of northern Canada. The USSR paid Canada $3,000,000 as compensation.[footnoteRef:6] [4: Convention on International Liability for Damage Caused by Space Objects, 29 March 1972, 961 UNTS 188 (entered into force 1 September 1972) [Space Liability Convention].] [5: United Nations treaties on outer space, supra note 3.] [6: Currie, supra note 1 at 470.] The Report of the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space from 1999 laid out an action plan developed by the UN to facilitate the creation of an international space regime.[footnoteRef:7] Though no such regime has been established yet, the document is a reflection of the international community’s intentions and attitudes towards space. The plan focuses on establishing coordinated efforts and strategies, promoting safety measures and procedures, and recognizing the ways present-day uses of space will affect the international community and future generations. [7: The Space Millennium: Vienna Declaration on Space and Human Development, Report of the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space, UN Doc A/CONF.184/6 (18 October 1999) at 6-19 [Vienna Declaration on Space].] As human activity in space has increased and our understanding of the dangers posed by accumulating space debris has deepened, various states have endorsed guidelines to minimize
  • 7. the problem. In 2008, the UN adopted the Space Debris Mitigation Guidelines, as set out in Report of the Committee on the Peaceful Uses of Outer Space.[footnoteRef:8] These guidelines encourage states to minimize their production of debris and to minimize the effects of debris on the space environment. As guidelines, they are not binding on states, but they are nevertheless to be taken seriously. It is also worth noting that many states have adopted similar guidelines domestically.[footnoteRef:9] [8: Space Debris Mitigation Guidelines, Report of the Committee on the Peaceful Uses of Outer Space, UNGAOR, 62nd Sess, Supp No 20, UN Doc A/62/20 (2007) at 48 [Space Debris Mitigation Guidelines].] [9: Currie, supra note 1 at 474.] Analysis The Outer Space Treaty makes clear that states maintain jurisdiction over whatever objects or personnel they send into space. From this, it follows that states also maintain jurisdiction over whatever objects may separate or emanate from whatever they send into space. Essentially, states should be understood to maintain jurisdiction over whatever objects they are responsible for sending to, or making in, space. It is clear that Canada has jurisdiction over its orbiting space station and the personnel aboard the station. And indeed, Canada also has jurisdiction over the frozen turd balls that were produced aboard and ejected from the station. The Space Liability Convention makes clear that states are liable for any injury they cause to other states as a by-product of their activities in space. Under this treaty, the foreign state can bring a claim against Canada to seek reparations for the damage done to its spy satellite. Especially since Canada has itself filed a claim and received compensation from the USSR under this treaty, it would be deeply hypocritical of us to resist the foreign state’s claim. To do so would not bode well for Canada’s reputation as a state which acts in good faith and honours its obligations under international law.
  • 8. Even if the foreign state is not a party to the Space Liability Convention and thus cannot use this channel of recourse, it is still going to be in a strong position to make a claim against Canada. Firstly, the preponderance of international space law speaks to the importance of collaboration, sharing, and good faith in the use of space. Though states have yet to reach consensus about whether space development should aim to establish a common heritage for humankind or should allow for the commodification of space resources by particular states,[footnoteRef:10] it seems that a minimum level of cooperation and consideration for the safety and interests of others is unambiguously expected. The foreign state is well- positioned to argue that Canada’s practice of ejecting 10 kg frozen turd balls into space is reckless; that this poses unnecessary risks; that Canada should be held liable for the damages it has caused as a result of engaging in this practice. [10: Ibid at 469.] Conclusions Canada has jurisdiction over the ejected turd balls and is liable under the Space Liability Convention. It seems highly unlikely that Canada can avoid paying compensation to the foreign state whose spy satellite we damaged. Moreover, this practice runs contrary to the Space Debris Mitigation Guidelines. As such, Canada should endeavor to find alternate means of dealing with waste produced space aboard the space station. 1 1. Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 Suspension with pay may constitute “constructive dismissal” Mr. Potter was the Executive Director of the New Brunswick Legal Aid Services Commission. While the parties were
  • 9. negotiating a buyout of Mr. Potter’s contract, Mr. Potter commenced a sick leave. In response, the employer wrote to Mr. Potter to advise him not to return to work until he was provided further direction. In the meanwhile, Mr. Potter was suspended with pay, and his powers were delegated to someone else. Mr. Potter sued for constructive dismissal. The Supreme Court of Canada agreed with Mr. Potter, finding that Mr. Potter had been constructively dismissed, “[i]n light of the indefinite duration of the suspension, of the fact that the Commission failed to act in good faith insofar as it withheld valid business reasons from Mr. Potter, and of the Commission’s concealed intention to have Mr. Potter terminated.” 2. Styles v. Alberta Investment Management Company, 2015 ABQB 621 Employers owe a duty of good faith when determining Long- Term Incentive Plan entitlements post-termination After approximately three years of employment, Mr. Styles was terminated on a without cause basis. Pursuant to the terms of his employment agreement, Mr. Styles was paid three months of salary. However, during the course of his employment, Mr. Styles became eligible to participate in (and did participate in) the Defendant’s Long Term Incentive Plan. Upon termination, Mr. Styles was advised that “[a]s per policy, no further payment on Annual Incentive Plan (AIP) or Long Term Incentive Plan (LTIP) will be made).” Despite the fact that the LTIP plan required Mr. Styles to be “actively employed” on the date that the monies were paid, Mr. Styles sued his former employer, citing, among other things, the fact that he had been dismissed shortly before the payout date. Deciding in favour of Mr. Styles, the Court ordered an LTIP payout in the amount of $444,205 as a part of Mr. Styles’ severance on the basis that the employer’s strict reliance on the wording of the LTIP provision would violate the duty of good faith contractual performance that it owed to Mr. Styles (as
  • 10. recently established by the Supreme Court of Canada in its 2014 Bhasin v. Hrynew decision). In particular, the court held that “[w]hen an employment contract includes a condition for the receipt by an employee of a benefit under the contract and the employer has the discretion, pursuant to the terms of the contract, to frustrate the satisfaction of that condition, it becomes even more important for that discretion to be exercised fairly, reasonably and not arbitrarily.” When is the exercise of "discretion" required to be reasonable?3. O.P.T. v. Presteve Foods, 2015 HRTO 675 New high-water mark in general damages award for human rights violations The Applicants, O.P.T. and M.P.T. were temporary foreign workers who had been employed by Presteve Foods for approximately nine months. Following their termination, the Applicants complained of several human rights violations by Presteve Foods, contrary to the Human Rights Code. In its decision, the Human Rights Tribunal of Ontario (the “HRTO”) determined that, during the course of their employment, the Applicants were subjected to “a persistent and ongoing pattern of sexual solicitations and advances” by the owner and principal of Presteve Foods, who “knew or ought reasonably to have known that these sexual solicitations and advances were unwelcome, particularly in light of the fact that O.P.T [and M.P.T.] expressly resisted and rejected his solicitations and advances on many occasions.” Likewise, the HRTO concluded that “given that the personal respondent was the owner and principal of the corporate respondent at the time of the events at issue, there is no question that he was part of the directing mind of the corporate respondent. Accordingly, […] the corporate respondent is also liable for all violations of [the Human Rights Code that the HRTO has] found as against the personal respondent.” On account of the severity of the contraventions of the Human
  • 11. Rights Code, the HRTO awarded O.P.T. and M.P.T. damages for injury to dignity, feelings and self-respect in the aggregate amount of $200,000. 4. Commission de la santé et de la sécurité au travail v. Caron, 2015 QCCA 1048 Scope of duty to accommodate expanded for Quebec employers In the course of his employment, Mr. Caron developed tennis elbow, which required surgery. Following the injury, Mr. Caron was assigned to a temporary position. A few years later, Mr. Caron’s temporary position was abolished. His employer indicated that it could not offer another suitable or available position. Ultimately, Mr. Caron’s employment was terminated. On behalf of Mr. Caron, the union commenced a claim, alleging that the employer had failed to comply with Quebec’s Charter of Human Rights and Freedoms (the “Charter”). In particular, the union argued that Mr. Caron’s injury amounted to a handicap and that the employer had failed to accommodate Mr. Caron to the point of undue hardship, despite the fact that such accommodation was not required by Quebec’s Act Respecting Industrial Accidents and Occupational Diseases (the “Act”). The administrative tribunal disagreed with the union. However, the administrative tribunal’s decision was subsequently overturned by both the Superior Court of Quebec and the Quebec Court of Appeal. The argument that the Act constitutes its own autonomous process of accommodation was dismissed by both courts. Ultimately, the Court of Appeal held that the quasi-constitutional right to accommodation in the workplace prescribed by the Charter constitutes a preeminent standard that transcends the law, employment contracts, and collective agreements. On June 15, 2015, in Commission de la santé et de la sécurité au travail v. Alain Caron et al. 2015 QCCA 1048, the Quebec Court of Appeal rendered an important decision that changes the threshold employers must meet when accommodating workplace injuries.
  • 12. The court confirmed that an employer has a duty to accommodate an employee who has suffered an employment injury resulting in a handicap, even where such an obligation is not required of the employer by virtue of the Act Respecting Industrial Accidents and Occupational Diseases (the “Act”). The Commission des lésions professionnelles (“CLP”) rejected the union’s arguments. The union then appealed that decision via a motion for judicial review by the Superior Court of Quebec. 5. Evans v. Avalon Ford Sales (1996) Limited, 2015 NLSCTD 100 Duty of good faith may require employers to provide employees with “cooling-off period” to reconsider resignation: failing to do so may constitute constructive dismissal After being reprimanded by his employer, Mr. Evans had an acute stress reaction. Ultimately, Mr. Evans advised the employer “I’m done”, and placed his cell phone and keys on his supervisor’s desk. The next day, Mr. Evans attempted to contact his supervisor, but was unable to speak with the supervisor directly. In any event, the supervisor had concluded that Mr. Evans had resigned from his position. For the following three weeks, Mr. Evans sought medical treatment. Thereafter, Mr. Evans provided his supervisor with a letter explaining why he had left and indicating that his departure had been involuntary. In this case, the Supreme Court of Newfoundland and Labrador found that “the implied term of good faith and fair dealings which applied to both parties and to the employment contract required the employer to give Mr. Evans time to cool off and reconsider”, and that the employer’s “failure to do so represents a breach of the implied major term of good faith and fair dealings”, “regardless of whether [Mr. Evans] involuntarily resigned […] or voluntarily resigned but in circumstances of confusion or uncertainty.” On account of the employer’s breach of the duty of good faith
  • 13. and fair dealings, the court held that the employer had breached a fundamental term of the employment contract, and therefore constructively dismissed Mr. Evans. For that reason, Mr. Evans was awarded damages for pay in lieu of notice in the amount of $46,201.87. 6. Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801 Employer’s financial circumstances not relevant in determining employee’s notice entitlements upon termination Following Ms. Michela’s termination, she (and others) commenced a wrongful-dismissal action against her employer, a private school, seeking pay in lieu of reasonable notice of termination. On a motion for summary judgment, the employer argued that that its financial circumstances were relevant in determining Ms. Michela’s termination entitlements. For that reason, the motion judge found that Ms. Michela’s reasonable notice period was 12 months but reduced her claim for notice by half, to six months. However, Ms. Michela successfully appealed the decision of the motion judge to the Ontario Court of Appeal. In its decision, the Court of Appeal held that “the motion judge erred in considering an employer’s financial circumstances as part of the “character of the employment.” The court went on to observe that “[a]n employer’s financial circumstances may well be the reason for terminating a contract of employment - the event that gives rise to the employee’s right to reasonable notice. But an employer’s financial circumstances are not relevant to the determination of reasonable notice in a particular case: they justify neither a reduction in the notice period in bad times nor an increase when times are good.” Therefore, the court awarded Ms. Michela twelve months of reasonable notice together with her costs in the amount of $68,573.42. 7. R v Kazenelson, 2015 ONSC 3639 Supervisors can be criminally charged for criminal negligence
  • 14. causing death and bodily harm Mr. Kazenelson was a project manager for a construction company in Toronto, Metron Construction Incorporated (“Metron”). Six workers employed by Metron under Mr. Kazenelson’s supervision were working on a swing stage when it suddenly collapsed. Only one of the six workers was attached to a lifeline as required by both the law and industry practice. Unfortunately, the other five workers fell more than 100 feet to the ground. Four of them died, and the fifth sustained serious injuries. Although Mr. Kazenelson was aware that there were only two lifelines available for the six workers and that only one lifeline was in use, Mr. Kazenelson took no steps to ensure that lifelines were available for all the workers and that the workers were using lifelines. Following the incident, Mr. Kazenelson was charged with four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm under section 217.1 of the Criminal Code. In 2015, Mr. Kazenelson was convicted on those four counts. Since that conviction, Mr. Kazenelson has been sentenced to three and a half years imprisonment. 8. Baroch v. Canada Cartage Diversified GP Inc., 2015 ONSC 40 Overtime class action certification Mr. Baroch was an employee that worked as a shunter for Canada Cartage Diversified GP Inc. (“Canada Cartage”). Mr. Baroch brought an action against Canada Cartage alleging that, as a matter of policy or practice, Canada Cartage did not follow the statutory requirements for overtime in Ontario. Mr. Baroch sought to certify his action as a class action. The Ontario Superior Court of Justice certified Mr. Baroch’s action as a class action against Canada Cartage on behalf of all the employees of Canada Cartage. Mr. Baroch was able to satisfy the court that the requirement of commonality under the
  • 15. Ontario Class Proceedings Act had been met by framing his action around the systemic policies or practices of Canada Cartage rather than on the individual entitlements of any one member of the proposed class. Ultimately, the common issues regarding the employment agreements, the employer's policy, good faith and honesty, negligence, unjust enrichment, aggregate damages, and punitive damages were all certified as a part of the class action. The proposed common issues regarding breach of the employment agreements and remedies were not certified. The Ontario Divisional Court has refused to grant Canada Cartage leave to appeal the decision. 9. Silvera v. Olympia Jewellery Corp.,2015 ONSC 3760 Human rights damages award for sexual assault Ms. Silvera was an administrative employee of Olympia Jewelry Corp. (“Olympia”). Over the course of her employment, Ms. Silvera was subjected to three separate serious instances of sexual assault by her boss, Mr. Morris Bazik, and ongoing sexual harassment. Mr. Bazik touched Ms. Silvera’s breasts on several occasions, touched her buttocks, insisted she wear jewelry so he could touch her, and gave her massages. Mr. Bazik would require Ms. Silvera to stay late at work after other employees had left for the day (which was unpaid time) and used the time alone to assault Ms. Silvera and harass her with questions and comments about her personal life. Ms. Silvera began to suffer significant emotional damage as a result of this ongoing sexual harassment. Ms. Silvera was terminated from Olympia as a result of a leave she was required to take for a dental emergency and unfounded allegations of misconduct. Ms. Silvera brought an action for damages for sexual assault, battery and harassment against Olympia and Mr. Bazik personally following her termination. Neither Olympia nor Mr. Bazik participated in the trial and, consequently, their defence was struck and all of the factual
  • 16. allegations pleaded in Ms. Silvera’s claim were therefore deemed to be admitted by Olympia and Mr. Bazik. Ultimately, the Ontario Superior Court awarded damages of nearly $300,000 to Ms. Silvera for sexual assault, battery, wrongful termination, and violation of her rights under the Human Rights Code. Among other things, the damages were intended to compensate Ms. Silvera for costs of future therapy care and future loss of income. The court also awarded damages of $15,000 to Ms. Silvera’s daughter pursuant to the Ontario Family Law Act for loss of guidance, care and companionship. 10. Keenan v. Canac Kitchens Ltd., 2015 ONSC 1055 Dependent contractors are entitled to termination pay Marilyn and Lawrence Keenan (the “Keenans”) are a husband and wife team who carried on business under the name Keenan Cabinetry. The Keenans worked for Canac Kitchens Ltd. (“Canac”) for 32 and 25 years respectively, as foremen and supervisors of installers. The Keenans were initially employees of Canac but, in 1987, Canac advised them that they would cease to be employees and would become independent contractors. The Keenans continued working for Canac until 2007 when they were both terminated without notice as a result of a slowdown in work. While working for Canac from 1987 to 2007, purportedly as independent contractors, the Keenans enjoyed employee discounts, wore shirts with Canac logos, had Canac business cards, and were given gifts from Canac for long service. Canac customers and installers believed the Keenans were Canac representatives. Following their terminations, the Keenans brought an action for wrongful dismissal seeking pay in lieu of notice of their termination. In response, Canac argued that the Keenans were not entitled to notice of termination because they were independent
  • 17. contractors. The Ontario Superior Court of Justice concluded that the Keenans were “dependent contractors” rather than independent contractors and, therefore, were entitled to reasonable notice of their termination. On account of the Keenans’ total length of service to Canac, the court awarded each of them 26 months’ pay in lieu of notice of their termination. This decision has recently been upheld by the Ontario Court of Appeal. Assignment. Write a Case Analysis. Select one case from the list provided. This is an individual effort – no group writing is permitted. Scenario. You are a departmental manager in a medium sized firm. The CEO is reviewing and updating the firm’s policies. The CEO has asked you to draft a Case Analysis in order to provide policy guidance to meet the firm’s legal obligations. Structure. Draft paper in 4 parts: Introduction, Rules, Analysis, Conclusion. Introduction. Set out the aim of the paper in one clear sentence. For example: “The aim of this analysis is to provide the legal background for the adoption of a firm-wide harassment program”. Complete the paragraph with a short restatement of the problem; give it context. Rules. Set out the legal regime that guides your policy development. Explain how the regulations govern policy options. Analysis. Describe the tension between the regime and the current situation. Explain the consequences to the firm of the
  • 18. outcome of the case. Conclusion. Summarise your findings and recommend reasonable and viable policy options for the CEO. Layout. Introduction: 2 paragraphs at most. Rules: as much as it takes to clearly explain the law. Analysis: the main effort – 2 to 2.5 pages. Conclusion and your recommendation: 3 to 4 paragraphs should do it. You are writing for a busy CEO, so be concise and clear. Volume. 4 pages maximum. At about 250 words per page in double-spaced 12 point font and normal formatting, you will have about 800 - 1000 words. Marking scheme: Style: grammar, spelling, citation style and consistency 5% Structure: Introduction, Regime, Analysis, Conclusion 5% Content: quality, logic, originality and sophistication 5% Total: 15%