Question
Susan was employed as bookkeeper at a PEI Construction Company. She did not sign any written employment contract but had been employed there for 7
Susan was employed as bookkeeper at a PEI Construction Company. She did not sign any written employment contract but had been employed there for 7 years at a salary of $50,000.00 per year. They also provided her with Blue Cross health coverage which would have cost her $100.00 per month if she had to pay for it. She had the use of a company truck as well and the lease payments on it were $500.00 per month.
The Company did not really have any written office policies or a manual. However , during the first 5 years of her employment, Susan received positive feedback from the President of the Company. Mr. Rich. Mr Rich did not do written employment evaluations but he had verbally told her a few occasions that he was very happy with her work. At the end of her fifth year, she received a plaque thanking her for her 5 years of dedicated service. In her 6th and 7th year of employment, Susan's performance at work began to suffer somewhat because of the marital problems at home. She was increasingly late for work, sometimes as much as a half hour late; There were a total of three support staff in the office including Susan and they were all expected to work regular hours of 8:30 am to 5 pm with an hour break for lunch. Also in her 6th and 7 th years, it was noted that Susan was frequently on the telephone with her lawyer and other family members, discussing her marital problems. One of the other staff members complained to Mr. Rich about Susan's performance. Mr. Rich was monitoring the situation but felt sorry for Susan and did not want to add to her stress. In November, 2021, which was roughly the end of her 7th year of employment, things had not improved. Things came to a head when Susan failed to remit the HST owing by the Company to Canada Revenue, leading to a penalty of $1,000.00 being imposed by Canada Revenue against the Company.
Mr. Rich had had enough and lost his temper. He called Susan into his office and told her he had been unhappy with her performance for a while; that he had had "enough." He told her was terminating her employment but did indicate he would pay her 4 weeks salary because of the Employment Standards Act.
https://www.princeedwardisland.ca/sites/default/files/legislation/E-06-2-Employment%20Standards%20Act.pdf
Questions:
Is Susan wrongfully terminated? is there any legal claims she may make and specifically what she could claim in damages. What application, if any, does the Employment Standards Act have? What advice, if any, would you give to Mr. Rich regarding his handling of this situation?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started