FACT PATTERN Back on Windfall Island, some time has passed since Mr. Nook wreaked havoc on the employees of Nook's Granny. His reputation in shambles following the previous disputes, Mr. Nook recognised that Nook's Cranny needed to go in another direction and decided to retire early and hand control of the business over to his sons, Timmy and Tor business, while Tommy would be in charge of day-to-day affairs such as hiring. act as the overall manager of In an attempt to rebrand and salvage the Nook's name, Timmy and Tommy look to hire Mr. Resetti, a stem but effective character as their new director of business development, Mr. Resetfi was employed in th unneling sector for almost twenty years and thrived in this role given his tough nature, but having been asked by his employers to take a friendlier approach to his job, he decided to look for work somewhere ould be appreciated. Mr. Resetti received a call from Tommy and met with him to discuss the potential position. Tommy made clear to Mr. Resetti that his skills and no-nonsense attitude was exactly what N as looking for having suffered from a lack of leadership and direction following Mr. Nook's departure. As another inducement, Timmy explains that Nook's Cranny recently secured a 15 million bell investme ambitious new resident named Lottie to launch a vacation home construction and interior design business under the the business, Mr. Resetti would be in charge of the entire marketing campaign for the new project. explains that in addition to developme owing receipt of this exciting offer, Mr. Resetti accepted the position and Tommy asked him to start work in two weeks. They verbally agree on the job duties and salary and shake paws, Shortly after 's working, though, he receives a letter from Tommy. In the letter Tommy explained that he should have asked Mr. Resetti to sign a contract. He sends him a contract that outlines the conditions of er had discussed. It also contains a provision that limits Mr. Resetti's entitlement on termination without just cause to the minimum amounts and entitlements set out in the Windfall Island Employment Ar. Resetti signs it without question. onth after he started in his new role, Mr. Resetti is informed by Tommy that he will be terminated without cause. When he asks for an explanation, he is told that the vacation home project has Mr. Resetti asks Tommy what happened to the investor, he explains that she had fallen in love with a free-spirited seashell gatherer named Pascal, causing her to abandon the whole endeavor e made from seashells with him instead. Mr. Resetti is furious because Tommy had implied that the investment funding had been finalized. how he had been treated by the Nook brothers, Mr. Resetti speaks to the other employees of Nook's Cranny and passionately advocates for them to unionize. The employees are on board certification under the Windfall Island Labour Relations Act. Their collective agreement was rejected outright by the Nook brothers, though, leading to a full employee strike and picket line f Nook's Cranny. both the withdrawal of Lottie's investment and the employee uprising, Timmy is fuming and directs his anger towards his brother. He tells Tommy that he is very unhappy with how he h undertakes disciplinary measures against him. He sends Tommy a written warning outlining his concerns, sends him to mandatory training on policy compliance, and informs him that nt he will lose his job. Timmy advises Tommy of the measures, and he does not take the news well. He says that he has been under a lot of stress lately due to having recently lost a counterfeit painting from a traveling art dealer, and that the disciplinary actions are unfair. He leaves in a huff and returns a few minutes later with a letter of resignation. He packs eys, and storms out of the office. The next day, Tommy calls Timmy and apologizes, saying that he discussed the resignation with their father, who encouraged reconciliation, and resignation and return to work. alysis of the fact pattern from an employment and labour law perspective, and in your answer, consider the following with respect to each party: what Tommy done wrong in terms of Mr. Resetti's hiring and termination. What would you advise Mr. Resetti with respect to these issues? In your answer, explain what so ate in Mr. Resetti's situation, and what his termination entitlement may be. Assuming that Ontario law applies on Windfall Island, be sure to identify the relevant statutes vern Mr. Resetti's claim. eluctant to accept the withdrawal of Tommy's resignation due to concerns about Tommy's behaviour as well as the business's image. What would you advise him to its have only recently started to pick up steam on Windfall Island. What advice would you give to Mr. Resetti following the Nook brothers' rejection of the collective ess ALT+F10 (PC) or ALT+FN+F10 (Mac). to save and submit. Click Save All Answers to save all answers. MacBook Prohe new project. ent affairs Following receipt of this exciting offer, Mr. Resetti accepted the position and Tommy asked him to start work in two weeks. They verbally agree on the job duties and salary and shake paws, Shortly after Mr. Resetti starts working, though, he receives a letter from Tommy. In the letter Tommy explained that he should have asked Mr. Rosetti to sign a contract. He sends him a contract that outlines the conditions of employment they had discussed. It also contains a provision that limits Mr. Resetti's entitlement on termination without just cause to the minimum amounts and entitlements set out in the Windfall Island Employment Standards Act. Mr. Resetti signs it without question. One month after he started in his new role, Mr. Resetti is informed by Tommy that he will be terminated without cause. When he asks for an explanation, he is told that the vacation home project has been cancelled. When Mr. Resetti asks Tommy what happened to the investor, he explains that she had fallen in love with a free-spirited seashell gatherer named Pascal, causing her to abandon the whole endeavor to craft furniture made from seashells with him instead. Mr. Resetti is furious because Tommy had implied that the investment funding had been finalized. Livid at how he had been treated by the Nook brothers, Mr. Resetti speaks to the other employees of Nook's Cranny and passionately advocates for them to unionize. The employees are on board, and Mr. Resetti outside of Nook's Cranny. files for a certification under the Windfall Island Labour Relations Act. Their collective agreement was rejected outright by the Nook brothers, though, leading to a full employee strike and picket line being erected Following both the withdrawal of Lottie's investment and the employee uprising, Timmy is fuming and directs his anger towards his brother. He tells Tommy that he is very unhappy with how he handled Mr. Resetti's hiring and undertakes disciplinary measures against him. He sends Tommy a written warning outlining his concerns, sends him to mandatory training on policy compliance, and informs him that if he does not show improvement he will lose his job. Timmy advises Tommy of the measures, and he does not take the news well. He says that he has been under a lot of stress lately due to having recently lost his inheritance purchasing a counterfeit painting from a traveling art dealer, and that the disciplinary actions are unfair. He leaves in a huff and returns a few minutes later with a letter of resignation. He packs up his belongings, eaves his keys, and storms out of the office. The next day, Tommy calls Timmy and apologizes, saying that he discussed the resignation with their father, who encouraged reconciliation, and that he would like to ithdraw his resignation and return to work. UESTIONS ovide an analysis of the fact pattern from an employment and labour law perspective, and in your answer, consider the following with respect to each party: . Explain what Tommy done wrong in terms of Mr. Resetti's hiring and termination. What would you advise Mr. Resetti with respect to these issues? In your answer, explain what sort of claim would be most appropriate in Mr. Resetti's situation, and what his termination entitlement may be. Assuming that Ontario law applies on Windfall Island, be sure to identify the relevant statutes that Tommy has violated and would govern Mr. Resetti's claim. Timmy is reluctant to accept the withdrawal of Tommy's resignation due to concerns about Tommy's behaviour as well as the business's image. What would you advise him to do? Labour rights have only recently started to pick up steam on Windfall Island. What advice would you give to Mr. Resetti following the Nook brothers' rejection of the collective agreement? he toolbar. press ALT+F10 (PC) or ALT+FN+F10 (Mac). Save All Answers Save e and Submit to save and submit. Click Save All Answers to save all answers. MacBook Pro & # 7 5 6 8 2 3 4 T Y U W E R H K