Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Employee With 23-Year Working Relationship To 21 Months' Reasonable Notice Ontario Superior Court of Justice, January 24, 2019 In 1994. Cormier began working for St.

image text in transcribed
Employee With 23-Year Working Relationship To 21 Months' Reasonable Notice Ontario Superior Court of Justice, January 24, 2019 In 1994. Cormier began working for St. Joseph Communications ("SJC") pursuant to an oral employment contract as a Freelance Wardrobe Stylist. Her job involved selecting clothing and accessories for models used in SJC's advertisements and promotions. SJC provided the clothing, the models, and the iron to press the garments. The assignments came from SJC and Cormier was compensated on an hourly or project basis. She invoiced SJC weekly as a sole proprietorship, and SJC did not withhold any amounts for taxes. Cormier worked approximately 37 to 40 hours per week and exclusively for SJC, except for two months each year that were slow periods where she occasionally worked for others. In 2004, Cormier was hired as a Wardrobe Stylist pursuant to a written employment contract and received an annual salary. In January 2008, she was promoted to Fashion Studio Producer and signed a new employment contract which contained a termination clause indicating that she could be terminated without cause if she was provided with the greater of two weeks' notice or notice as required by the Employment Standards Act, 2000 ("ESA"), along with twice the required severance and benefits. Cormior was promoted to Fashion Studio Manager in September 2012 and signed a new contract. It stated that her original date of hire for the purpose of calculating years of service was June 7, 2004, the date she was hired as a Wardrobe Stylist. The termination clause provided that Cormier could be terminated without cause as long as she was provided with the minimum notice required under the ESA plus benefits during the notice period, excluding short-term disability and long-term disability benefits. In 2016, SJC introduced an unpaid vacation program as a cost savings measure. As a result, an amount was deducted from Cormier's biweekly payroll deposit until the end of her employment. On June 1, 2017, Cormier's employment was terminated without cause with five months' working notice. One month into the working notice, SJC waived the balance of the working notice and terminated Cormier's employment immediately She refused a severance package offer, which would have provided her with salary and vacation pay for an eight-week notice period, along with two times the ESA severance requirement Cormier brought an action for damages for wrongful dismissal and applied for summary judgment. Employee With 23-Year Working Relationship To 21 Months' Reasonable Notice Ontario Superior Court of Justice, January 24, 2019 In 1994. Cormier began working for St. Joseph Communications ("SJC") pursuant to an oral employment contract as a Freelance Wardrobe Stylist. Her job involved selecting clothing and accessories for models used in SJC's advertisements and promotions. SJC provided the clothing, the models, and the iron to press the garments. The assignments came from SJC and Cormier was compensated on an hourly or project basis. She invoiced SJC weekly as a sole proprietorship, and SJC did not withhold any amounts for taxes. Cormier worked approximately 37 to 40 hours per week and exclusively for SJC, except for two months each year that were slow periods where she occasionally worked for others. In 2004, Cormier was hired as a Wardrobe Stylist pursuant to a written employment contract and received an annual salary. In January 2008, she was promoted to Fashion Studio Producer and signed a new employment contract which contained a termination clause indicating that she could be terminated without cause if she was provided with the greater of two weeks' notice or notice as required by the Employment Standards Act, 2000 ("ESA"), along with twice the required severance and benefits. Cormior was promoted to Fashion Studio Manager in September 2012 and signed a new contract. It stated that her original date of hire for the purpose of calculating years of service was June 7, 2004, the date she was hired as a Wardrobe Stylist. The termination clause provided that Cormier could be terminated without cause as long as she was provided with the minimum notice required under the ESA plus benefits during the notice period, excluding short-term disability and long-term disability benefits. In 2016, SJC introduced an unpaid vacation program as a cost savings measure. As a result, an amount was deducted from Cormier's biweekly payroll deposit until the end of her employment. On June 1, 2017, Cormier's employment was terminated without cause with five months' working notice. One month into the working notice, SJC waived the balance of the working notice and terminated Cormier's employment immediately She refused a severance package offer, which would have provided her with salary and vacation pay for an eight-week notice period, along with two times the ESA severance requirement Cormier brought an action for damages for wrongful dismissal and applied for summary judgment

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Effective Use Of Teams For IT Audits

Authors: Martin Krist

1st Edition

0849398282, 978-0849398285

More Books

Students also viewed these Accounting questions