Problem 2 (25 marks)

Caroline, a 60-year-old grandmother had been a legal secretary

with the largest law firm in St. Catharines 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. Caroline was paid an

annual salary of $50,000.00. On December 22nd last year, after a pleasant

exchange of "good mornings" Caroline's boss requested that she get

him a cup of coffee and bring coffee to the clients in the boardroom. "Not

likely," said Caroline, "It's not in my job description". 2

Caroline 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.

Caroline commenced an action for unjust dismissal. In addition,

she has requested $100,000.00 in damages for the humiliation which she

suffered. At the trial, one of the other legal assistants testified that

Caroline had taken home office supplies that she had given to her grandchildren

to complete their school work. As well, she had typed and photocopied their

assignments during working hours. Finally, it was claimed that Caroline would

regularly leave early or go home sick when her boss was out of the office.

Caroline acknowledged that this was all true, although she stated that she had

left early on a "few" occasions and not "regularly".

She also testified that she had been unable to obtain similar

employment (although a friend had offered her a retail clerking job at

$35,000.00 per year).

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

NOTE: Please make the problem answer as detailed as possible using financial law terms as well as explaining them.