Problem
Make sure that you fully discuss the issues raised. Quality of the response is most important; however, proper English and grammar are also important. Ensure that this is independent thought and no outside sources are to be used even if properly cited. These questions are not difficult but require you to have an understanding of the legal concepts involved, and to apply the facts in the situation to those concepts.
I. Your company offices are on the ground floor, but your operations and storage areas cover three levels, with two full sets of stairs. A candidate for an inventory clerk job mentions that she cannot climb more than three or four steps because of a long-term knee condition. She is well qualified for the job and most of the work can be done in the office; however, previous inventory clerks visited the other floors regularly to monitor supplies. What factors must you take into account in deciding whether to hire her?
II. Icarus, a house painting company, had about 40 workers but only 3 "employees" (the owner and two directors). The other 37 were characterized as "independent contractors" with whom Icarus had signed commercial contracts that clearly indicated them as such. These workers were paid by the project, not the hour. Icarus found the customers and provided the materials. When Icarus refused to pay several workers one week on the basis that their work was unsatisfactory, those workers filed claims for unpaid wages with the Ministry of Labour. Icarus responded that since they were not "employees," they could not file such claims.
i. Under what employment statute would the workers file their claims for unpaid wages.
ii. Can an employer withhold wages for poor workmanship from an employee under this statute?
iii. Were the unpaid workers "employees" or "independent contractors"? Explain your answer by referencing the arguments that both parties might make.