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MGMT1601 Business Law
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MGMT1601 Business Law
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Course Code: MGMT1601
University: Bow Valley College
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Country: Canada
Question:
Find the cases listed below and write a report on it.
Evans v. Teamsters Local Union No. 31, 2008 SCC 20 (CanLII). ?
Evans v. Teamsters Local Union No. 31, 2008 SCC 20 (CanLII). ?
Brazeau v. International Brotherhood of Electrical Workers, 2004 BCCA 645 (CanLII). ?
Mars Canada Inc. v. M&M Meat Shops Ltd. 2008 CanLII 4982 (ON SC).?
Black v. Molson Canada, 2002 CanLII 49493 (ON SC), 60 OR (3d) 457?
Answer:
Evans v. Teamsters Local Union No. 31, 2008 SCC 20 (CanLII).
Although the decision of the court way prima Faice seem like unfair to the employee, the court in this case has correctly come to a decision that in some situation it is required for the dismissed employee to mitigate damages by working for the same employer. The circumstances include that there are no barriers to re-employment. However it is a known fact that barriers to reemployment are mostly present. This may include privacy, discrimination or unfair treatment on the part of the employer.
Brazeau v. International Brotherhood of Electrical Workers, 2004 BCCA 645 (CanLII).
The argument of the defendant was that the claimant had committed an act which was within the scope of sexual harassment. This means that because of the action the claimant can be dismissed from work without any notice under the rules of a summary dismissal. The argument on the part of the claimant was that the defendant had failed to justify the fact that the actions of the claimant justified the summary dismissal. The justification for holding the employer responsible when one employee is found to have harassed another employee is that the employer is vicariously liable for the actions of all employees. The employer is also liable to ensure the safety of the employees in the workplace. Thus in this situation as the claimant and the young girl were both employees of the union the act of one person to harm the safety of another would make the employee liable. In the present situation if the claimant is successful in relation to the wrongful dismissal claim, the employer should have ensured that they gave him a reasonable 24 months notice of termination or make payment in lieu of the notice.
Mars Canada Inc. v. M&M Meat Shops Ltd. 2008 CanLII 4982 (ON SC).
In this situation the settlement agreement between the parties was unambiguous, straightforward and clear and there is no requirement or law which would consider or admit any outside evidence in relation to the negation which took place before the settlement agreement relating to what the parties to it had intended. Where M&M operated by Mac are situated adjacent or within the Mac stores, the terms of the franchise agreement, compliance of the agreement by the franchise ensured that there is a clear autonomy between Mac stores and M&M at every location. The two business were operated clearly by separate stores irrespective of whether they meet they are adjacent or within the same store. This it can be stated that M&M adjacent or within Mac are franchise store which are trading under M&M MEAT SHOPS and LES ALIMENTS M&M. There is no breach of agreement and they should be allowed to sell meat. No the fact that the M&M meat shops operating within Mac having separate signs will not have any impact as they would still be a franchise of M&M meat.
Black v. Molson Canada, 2002 CanLII 49493 (ON SC), 60 OR (3d) 457
In relation to the case of Black v Molson, the domain is entitled to be used by black. This is because Molson does not have valid rights, interest or title in relation to the domain name of “canadian.biz” to be able to use it against Black. Therefore in this case Black can be considered as the lawful registrant of the domain name against Molson Canada. This is also because the word Canadian is very general and there was no information that the word was registered as a trademark by Molson Canada. Any person should be allowed to use the domain name as it has been purchased through the use of an online auction. The same conclusion had been drawn by the court with a case having similar facts which is American Airlines Inc. vs. WebWide Internet Communication GmbH. Black had expressed his desire to use the domain name Canadian biz for his own business. On the other hand it was not outlined by Molson Canada that how they are intending to use the domain name.
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