PLEASE ANSWER ACCORDING TO ALBERTA LEGISLATION WITH REFERENCES

Ernie owns a small accounting company. Ernie wants to terminate one of his consultants, Burt, for performance-related problems. Burt, who is 56 years old, has been with the company for 10 years and the quality of his work has been excellent. Burt is a very nice person and clients all agree that Burt is a really good person to deal with. The issue is that Burt is a perfectionist and is extremely slow at getting anything done. He keeps missing crucial client deadlines, and clients are starting to take their business to Ernies competitors. Ernie has spoken with Burt about his concerns many times over the past 2 years and has noted the problem in his performance reviews, but there has been no improvement. Burt just isnt capable of working at the pace that Ernie requires. Ernie decides to terminate Burts employment with cause. Burt files a wrongful dismissal claim.

Does Burt have a case against Ernie? Explain your answer.

Discuss how you believe the court will rule in this case and explain why.

Discuss what the employer should do to protect themselves from similar claims in the future.