Question

Carol Sullivan has been working as a senior administrator at College of the North Atlantic for 22 years. She is a non-bargaining unit employee (non-union). The College has just terminated Carol, without cause, and has offered her 12 months' pay in lieu of notice as salary continuance, including all benefits and all deductions for taxes and pension. Her pension contributions will be continued and at the end of the year she can either leave the pension where it is until she is ready to retire, or take the cash value of her contributions and transfer it to an RRSP.

David Jones, Carol's lawyer, has reviewed the termination package and is prepared to advise his client accept the package if the College gives four more months' notice, to bring it to a total of 16 months' notice.

The College, through its lawyer Mary Breville, offered to go to 14 months' notice.

After some tough email exchanges between the two lawyers, on February 8, 2021 they finally agreed on 15 months' notice, with all the benefits etc. as stated above. Mary sent David a form of release for him to review with his client and said that if all was fine with the release, David should have his client sign and send a signed copy back to her by February 12, following which the settlement would be completed. By Friday February 12, there was no word from David so Mary called him. David apologized for not having replied earlier, and said that his client had two more small questions about the settlement and the release. Mary reminded David that they had already agreed on all terms and more importantly, he had accepted the settlement on behalf of his client.

On Monday February 15, David said he'd have the release back by Wednesday February 17.

On Friday February 19, David called Mary and said his client still had a couple of questions and had not signed the release.

On Monday February 22, Mary emailed a letter to David advising that the settlement was off and the offer is back to 12 months' notice and that if David's client want any more, they will have to go to court.

She also suggested she may report David to the Law Society.

1. What are the potential issues with Mary's approach here?

2. What, if anything, has David done wrong?

3. Why would Mary want to report David to the Law Society?

4. Do you agree with Mary threatening to report him to the Law Society?

Please provide a well explained answer