The Law of Work

In a meeting five years ago, Ann-Marie was offered a job at a small software company named Startup Solutions. Startup's human resource manager, Karen, told Ann-Marie that her title would be Software Engineer, that she would be paid $30,000 per year, and that she would receive 2 weeks' paid vacation per year. No other terms of employment were discussed, and no contract was signed. Ann-Marie accepted the job and started the following week. On her second day of work, Karen hand Ann-Marie a short, written employment contract that included all the terms that the two had agreed to in the earlier meeting plus a new term that permitted the employer to layoff Ann-Marie (send her home without pay) if there was a lack of work. Three months ago, Ann-Marie was laid-off due to a lack of work as business declined.

Part 1: Describe two contracts terms that regulate (control) Ann-Marie's behaviour at work other than the terms that Ann-Marie and Karen expressly agreed to.

Part 2: Ann-Marie believes she will never be called back to work by Startup Solutions. She asks you whether there are any legal arguments that she could make to challenge her layoff and get some money or maybe even her job back. Provide Ann-Marie with an answer to her question, fully explaining her legal options. Refer to any case law that supports your answer.

(Assume Ann-Marie signed the written contract that was given to her on the second day of work).