Minerva, a 65 year old grandmother had been a legal secretary with the largest law firm in Niagara 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. Minerva was paid an annual salary of $75,000.00. On December 22nd last year, after a pleasant exchange of "good mornings" Minerva's boss requested that she get him a cup of coffee and bring coffee to the clients in the boardroom. "Not likely" said Minerva, "It's not in my job description".

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

Minerva commenced an action for unjust dismissal. In addition, she has requested $200,000.00 in damages for the humiliation which she suffered. One of the other legal assistants advised the firm that Minerva had spent a significant amount of time on the internet and social media during office hours. A search of her internet activity and email revealed that Minerva had spent an average of 1 hour per day on the internet and had sent a number of emails and social media posts to her friends which included insulting and derogatory comments about the lawyers, other employees and clients of the firm.

Minerva acknowledged that this was true, but claimed it was necessary that she keep up with current events and that the emails and social media posts were all "in fun" and were intended to be "jokes".

Minerva does not feel that she can obtain a similar job at her age and was, in fact, considering retirement.

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