Case 6: Mark When FFS purchased the assets of Mark's employer, it offered him continued employment as a supervisor at its Brantford location Three years later, FFS decided that the Brantford longer viable, and it asked Mark to report to work at its Ariss, Ontario office, offering him a $100 per week travelling allowance to offet the additional travel costs. However, Mark dow the move, as it would increase his commute by 55 km each way, doubling his driving time. Hoping to keep Mark as an employee, FFS proposed he work in Ariss three days a week and the other two days. However, Mark did not respond to this offer and shortly thereafter they received a request from another employer for a job reference for Mark. A month later FSS de operations were being negatively affected by having Mark work from Brantford and they sent him an offer of employment to work in Aris. Mark refused the offer and requested a recor employment, stating, "If I can't work from home or from Brantford as I was hired to do then you need to fire me." Mark filed a suit for constructive dismissal. The employer countered the resigned his position Case 7: Ethan Ethan was 48 years old and had worked for Happy Hardware for 18 years as a supervisor when a sexual harassment complaint was lodged against him. One of the complaas was the daughter of his manager, Stephan. When he heard about the complaint, Stephan arranged for a friend and colleague, Kyle, to conduct the investigation. Kyle met with Ethan ade him that he was doing an investigation, but he refused to tell Ethan what he was alleged to have done Kyle simply said, "You know what you did. At one point, Ethan told y le he thought someone might be out to get him however, this allegation was never purvued, and the complainants were never questioned about their motives. Sthin a week, Ethan was spended, escorted to the workplace, and dismissed for detaan vaed for wrongful dismissal and other damages. At the trial by a jury the jury heard evidence that one of the complainants had been reheard te way that she would get even" with Ethan for having her transferred. On the basis of this and other evidence the jury found that the complainants lacked credibility and that the employer had acted in bad faith in its investigion. The jury awarded Ethan 24 months reasonable notice damages, gravated damages of $200.000 (although no evidence of metal distress losses were put forward), and putative damages of $300.000 a. Do you agree that the employer acted in bad faith? Support your ne . Do you think a court of Appeal would support the award of damages! Case 6: Mark When FFS purchased the assets of Mark's employer, it offered him continued employment as a supervisor at its Brantford location Three years later, FFS decided that the Brantford longer viable, and it asked Mark to report to work at its Ariss, Ontario office, offering him a $100 per week travelling allowance to offet the additional travel costs. However, Mark dow the move, as it would increase his commute by 55 km each way, doubling his driving time. Hoping to keep Mark as an employee, FFS proposed he work in Ariss three days a week and the other two days. However, Mark did not respond to this offer and shortly thereafter they received a request from another employer for a job reference for Mark. A month later FSS de operations were being negatively affected by having Mark work from Brantford and they sent him an offer of employment to work in Aris. Mark refused the offer and requested a recor employment, stating, "If I can't work from home or from Brantford as I was hired to do then you need to fire me." Mark filed a suit for constructive dismissal. The employer countered the resigned his position Case 7: Ethan Ethan was 48 years old and had worked for Happy Hardware for 18 years as a supervisor when a sexual harassment complaint was lodged against him. One of the complaas was the daughter of his manager, Stephan. When he heard about the complaint, Stephan arranged for a friend and colleague, Kyle, to conduct the investigation. Kyle met with Ethan ade him that he was doing an investigation, but he refused to tell Ethan what he was alleged to have done Kyle simply said, "You know what you did. At one point, Ethan told y le he thought someone might be out to get him however, this allegation was never purvued, and the complainants were never questioned about their motives. Sthin a week, Ethan was spended, escorted to the workplace, and dismissed for detaan vaed for wrongful dismissal and other damages. At the trial by a jury the jury heard evidence that one of the complainants had been reheard te way that she would get even" with Ethan for having her transferred. On the basis of this and other evidence the jury found that the complainants lacked credibility and that the employer had acted in bad faith in its investigion. The jury awarded Ethan 24 months reasonable notice damages, gravated damages of $200.000 (although no evidence of metal distress losses were put forward), and putative damages of $300.000 a. Do you agree that the employer acted in bad faith? Support your ne . Do you think a court of Appeal would support the award of damages