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HRMT 3125 EMPLOYMENT LAW

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Question:

You are employed in the HR department Discount Farm Machinery Ltd. The Manager – Mechanics Division Farm Machinery for British Columbia is retiring. Your employer has asked you to do the following: a. Draft an advertisement for the position of Manager – Mechanics Division Farm Machinery for British Columbia based on fact pattern as outlined below (Maximum 2 pages – 5 marks) b. You have a number of interested candidates. David Smith has responded to your advertisement and after going through an interview process your employer has decided to make him an offer.
 
? Write a short memo to your employer on what should be done to determine whether he is an appropriate candidate and whether the offer should be a conditional offer (if so on what)? (Maximum 2 pages – 5 marks)
c. Prepare a letter making the offer of employment to him (Maximum 1 page – 5 marks).
d. Your employer has asked you to prepare a memo identifying what provisions you should include in the employment contract and why? This assignment is not asking you to draft an employment contract. Rather, it is asking you to identify to provisions (terms) you wish to include in this contract and discuss why you think those terms are appropriate or important. YOUR MEMO SHOULD MAKE EXTENSIVE USE OF HEADINGS AND SHORT PARAGRAPHS. (Maximum 3 pages – 10 marks)
 
FACT PATTERN: DISCOUNT FARM MACHINERY LTD. (Manager – Mechanics Division Farm Machinery) Discount Farm Machinery Ltd. is in the business of selling used and new heavy-duty machinery including farm machinery to dealerships and individual farms. The company has its corporate headquarters in Langley, British Columbia. In British Columbia, Discount Farm Machinery Ltd have offices in Langley, Kelowna, Prince George and Fort St. John. It has sales throughout Canada.
 
The sales for Ontario, Quebec and the Maritime provinces are handled out of Toronto. The sales for the Prairie Provinces are handled through Regina, Saskatchewan. The job of a Manager – Mechanics Division Farm Machinery involves a supervisory role of the mechanics division of the company in British Columbia. There are 10 mechanics located in Langley, 5 mechanics located in Kelowna, 5 mechanics located Prince George and 8 mechanics located in Fort St. John. The mechanics inspect, repair and ensure the used machinery has been properly serviced before they are sold. As well they repair machinery that has been sold to customers. From time to time a mechanic will be asked to attend to a customer’s machinery in the field.
 
The job requires the successful candidate to have good communication skills. It involves the supervision of mechanics to ensure the repairs are properly carried out in a safe environment. Occasionally the successful candidate you will be asked to meet face to face with customers. The successful candidate will manage the department to ensure all company procedures on health and safety, inventory, billings and quality control are being followed. While the successful candidate will spend most of his time in the Langley office he will be required to visit other offices about once a month to ensure they are following company policies. Most of the clients from the farming community are older males and your boss has stated that he feels the preferred candidate should be male as the clients would feel more comfortable dealing with them.
 
He should also be reasonably fit as the work involves walking over rough terrain on farms. Most of the farmers are of Christian faith and it would be preferred with he shared their religion. There are 15 other companies in British Columbia selling farm machinery. The job of Manager – Mechanics Division Farm Machinery involves having access to previous technological advances in the new equipment that is coming up for sale and how to repair them. He also has access to the processing of large sums of money when equipment is repaired and subsequently sold. Your employer has asked you to draft an advertisement for the position of Manager – Mechanics Division Farm Machinery for British Columbia. The ideal candidate should have at least a bachelors’ degree in business, engineering and/or agriculture. He must have at least 5 years’ experience in heavy duty mechanics and be certified and 5 years’ experience in management.
 
Most of the clients are male and your employer has advised you that the successful candidate must be male and be between 40 and 50. He does not want him to be younger as he would be less experience and might have family commitments that would keep him away from completing his road duties. The candidate must have computer skills and be technologically savvy. He must be able to act independently and be a problem solver. He would be reporting to the General Manager for British Columbia. The territory is all of British Columbia. Approximately half of the sales are in the Peace River country. After an interview your employer has decided make an offer to David Smith. David presently lives in Calgary, Alberta. He told you that he meets all of the criteria and is ready to start immediately. He is 43 years old, married and with two children (aged 18 and 20).
 
He lost his job 1 months ago as a result of the restructuring of his previous employer. His wife is not working at the present time. You employer has asked you to prepare a memo as to what terms should be included in an employment agreement. He told you the parties discussed the following at the interview:
? Discount Farm Machinery would Mr. Smith that he would help him with his moving expenses.
? He would be paid a base salary of $100,000 plus a commission of 2% of net sales from the mechanics division.
? He Smith would be given all of he usually benefits including extended medical
? He would be located in Langley, B.C.
? He would be given a company car All senior salespeople for Discount Farm Machinery Ltd. are required to complete a twoweek training course on Company procedures which costs the employer $10,000. Your employer would like to recover this sum from the employee if he leaves the within 5 years of starting his job.
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