Canadian Law

Please use LRAC (legal issue, rule, application and conclusion)

Michael is a 62-year-old salesperson at Auto Inc. and has been working at the company for 8 years on salary. About six months ago a new manager, Wes, was assigned to supervise Michael and the other sales representatives. Wes personally did not like Michael and had noticed that Michael had come to work on at least two occasions in what he perceived to be a drunken state. Wes was also not pleased with Michael's sales production. During a sales meeting, Wes gets annoyed when Michael is talking while Wes is trying to discuss sales strategy to all the salespeople. Wes then screams the following at Michael during the meeting, "Michael you are fired. You have always been a lousy car sales representative". Wes then takes Michael aside and privately informs him to pack up his things and leave. Wes also informs Michael that accounting will forward him a cheque for one month's salary as reasonable notice/severance. Wes also indicates to Michael that the company isn't required to provide this payment due to Michael's poor sales and attending work drunk. Michael's annual sales had been lower than the other sales representatives, but he has never been disciplined at the company for anything or told by anyone that his sales are too low. Auto Inc. is located in Toronto.

A) Discuss any legal grounds Wes may have to claim that the Company isn't required to provide the payment to Michael.

B) Discuss whether Michael has any legal remedies regarding the payment he received from the company.

C) What are the legal grounds Michael may have to pursue legal remedies explained in part B?

D) What defence does Michael have as a result of being terminated in part for coming to work intoxicated?