Caroline, a 60 year old grandmother had been a legal secretary with the largest law firm in St. Catharines for 40 years. As a result of her competence, hard work and sunny disposition she had earned the position of executive assistant to one of the firm's senior partners. Caroline was paid an annual salary of $50,000.00. On December 22nd last year, after a pleasant exchange of "good mornings" Caroline's boss requested that she get him a cup of coffee and bring coffee to the clients in the boardroom. "Not likely" said Caroline, "It's not in my job description".

Caroline was immediately fired. She was escorted out of the office by three security guards and left on the street. Her request to use a telephone to call a taxi was rejected.

Caroline commenced an action for unjust dismissal. In addition, she has requested $100,000.00 in damages for the humiliation which she suffered. At the trial one of the other legal assistants testified that Caroline had taken home office supplies which she had given to her grandchildren to complete their school work. As well, she had typed and photocopied their assignments during working hours. Finally, it was claimed that Caroline would regularly leave early or go home sick when her boss was out of the office. Caroline acknowledged that this was all true, although she stated that she had left early on a "few" occasions and not "regularly".

She also testified that she had been unable to obtain similar employment (although a friend had offered her a retail clerking job at $35,000.00 per year).

Required: Provide the judgment which would be rendered in this case with particular reference to the positions advanced by each of the parties. If Caroline is successful, what damages would she receive? Be certain to include an explanation of the applicable legal principles in your answer.