Question

Janine has been an employee of Dress Me Inc. a national chain of clothing stores for women (the "Company") for the last 10 years. She began as a sales person and later, in 2017, after completing an MBA, was promoted by the Company to her current position as Senior Sales Manager. The position requires that Janine work regular office hours from Monday to Friday, as well as take occasional trips to visit major clients, which often exceed the traditional office hours. In January 2020, Janine was involved in a car accident that luckily did not leave her with any significant physical injury but the trauma is still evident. She suffers from bad quality of sleep and increased anxiety. She cannot drive anymore and using public transportation to visit clients does not really work. Janine requests to work in the form of fixed hours of work, weekdays only, 9:00am to 5:00pm with a 30 minute break at 12:00pm. She also requests to meet clients on zoom. The Company refuses her request. They say that it was vital that the hours of work of the Senior Sales Manager include occasional longer days and evenings to fit the needs of clients and that there is "an added value to client visits on site". If she can't do longer hours and visit clients -- they say -- she can go back to her old job as a sales person. Janine files a human rights complaint against the Company.

Briefly describe the legal arguments of both parties (Janine and the Company) in relation to the human rights complaint. [4 marks]

Answer 1

From Janine's perspective, she can claim that the accident which has had a traumatic impact on her, so much so that it has caused her mental state to be disturbed, was during her visit to her clients for the Company. Thus, she was on duty when the accident occured. The Company hence, was entitled to ensure her health and safety along with providing her the necessary and appropriate means to execute her duties as a Senior Sales Manager. Also, the Company cannot force their employees to work beyond the office hours, and that meetings via Zoom must be permitted considering the circumstances.

From the Company's perspective, the accident was caused due to driving error by Janine, and the Company had no involvement in it. Also, that a Senior Sales Manager ought to take up higher responsibilities which require them to spend more time and effort. Further, they offered to give her, her old position as she felt she couldn't fulfill the requirements of the higher position.