THE LAW of work:

May was recently terminated from her job at the Nike Store in Toronto, without any notice. The employer told May that she was terminated for cause and cited two reasons. Firstly the employer claimed that May lied on her job application when she applied 3 years ago by stating that she had graduated with a Bachelor of HRM from York University in 2015 when in fact May still has one course to complete before she can graduate. May had expected to complete the course soon after she started the job, but she had never had time to go back and do so. Secondly, the employer claimed that it was terminating May because of some "inappropriate" photos posted on her Facebook page, including photos of her looking very drunk. May's Facebook page does not indicate that she works for Nike, but her boss said that the photos demonstrated a serious lack of judgment. The employment contract did not include a termination of contract clause.

Assume that May filed a "wrongful dismissal" lawsuit against Nike. Explain whether you believe May would win that lawsuit. In your answer, explain the legal test (s) that a court would apply to the two issues raised and refer to any relevant case law that supports your answer. If there are additional facts that you think are needed to assess the case, explain what those facts are and why believe they are important