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Assignment

Fact Scenario

Jessica began working for TDHB Company on September 1, 2019. She was hired as a customer

se

rvice representative where she processed customer complaints and entered them into a

database. Jessica was earning $924 per week, not including vacation pay. Her vacation pay is

paid to her as it accrues each pay period.

Andrea is the general manager of TDHB. On September 17, 2019, Andrea and Jessica signed an

employment agreement. In the agreement, Jessica would be paid time in lieu for any overtime

that she worked. In addition, according to the terms of the employment agreement, should

Jessica be terminated from her job, she will only receive termination notice or pay as prescribed

in the

Employment Standards Act, 2000

.

It was a very busy time for TDHB and Jessica worked many hours of overtime. From September

until the end of February 2020, Jessica worked a total of 144 hours of overtime. In March, Jessica

took a week off and used 44 hours of lieu time and therefore has 100 hours remaining.

When she returned on March 9

th

, she was informed that she was now going to be a manager. In

addition to her existing duties, Jessica would be tracking overtime hours and absences of

employees. For the time being, Andrea makes all decisions regarding discipline and termination.

Maybe one day, Jessica will be permitted to make discipline and termination decisions but for

now, Andrea feels that Jessica is not ready. Jessica now earns $968 per week, not including

vacation pay.

According to TDHB Company policy, Jessica is no longer entitled to payment of overtime or any

lieu time because she is a manager. Andrea promised to pay out Jessica's banked overtime from

his previous position over the next six months.

However, COVID radically changed the reality for the company. The company lost a lot of

business during this economic calamity. In order to save the company, the company announced

that all earned overtime is now forfeited.

Ten employees have been laid off so Jessica now has to work harder. She is now working an

average of 65 hours per week. From March 23

rd

to August 28

th

, she had no time off work. She was

even working on Sundays! She even had to work every public holiday during this period but she

was given time-and-a-half for each hour worked on these days.

At the beginning of August, Andrea noticed that the emergency exit door had been kicked in

from the inside of the building. As the company was struggling, it did not want to pay to fix it.

Instead, it deducted $150 from a total of 6 employees, all of whom who work in the vicinity

around this exit - surely one of them is responsible for this damage!

Things were getting really bad quickly! On September 7

th

, the company suddenly announced that

all employees would have a pay cut. Jessica will therefore earn $600 per week.

On October 14

th

, the company suddenly closed shop! All 100 employees were terminated! Jessica

received 2 weeks pay in lieu of notice.

Jessica has approached you for help. Using the knowledge gained from this course, your job is to

present a summary of her entitlements under the

Employment Standards Act, 2000

and common

law.

Assignment

You are to provide a written report in the following format:

Summary of Issues:

this is where you summarize the complaints that Jessica has

Issues:

here you provide details of each complaint. You should make reference to the applicable

section(s) of the

Employment Standards Act, 2000

and provide examples of relevant case

law. Outline any tests, if applicable. The text has examples of cases with similar fact

scenarios. Use online resources such as canlii.org to find more examples. Separate into

subsections for each pertinent issue.

Conclusion:

this is where you draft your conclusion and state the remedy sought. In this case, you are

asking the tribunal to award Jessica an appropriate remedy.

This is not meant to be an extensive report. Three to four pages maximum should be sufficient to

outline your position and present your case.

Marking rubric

Excellent

Good

Fair

Poor

Issues

up to 25 marks

Your report

identifies and

explains all

relevant issues in

this case

20 to 25/25

Your report

identifies and

explains most of

the relevant

issues in this

case

16 to 19.9/25

Your report did

not identify

many of the

pertinent issues

in this case

12 to 15.9/25

Your report

identified few, if

any of the

relevant issues in

this case

0 to 11.9/25

Legal references

up to 20 marks

Case law and

legislation cited

completely

support your

arguments

20 to 25/25

Most case law

and legislation

cited support

your arguments

but a few are not

on point

16 to 19.9/25

Many of the case

law and

legislation that

you cited do not

support your

arguments

12 to 15.9/25

None or only a

few of the case

law and

legislation that

you cited

actually support

your arguments

0 to 11.9/25

Grammar and

Spelling

up to 10 marks

None or very few

spelling or

grammar errors

9 to 10/10

Overall your

report is well

written but has

some spelling or

grammar errors

7 to 8.9/10

Your report has

many spelling

and grammar

errors

5 to 6.9/10

Your report has

far too many

spelling and

grammar errors

which seriously

affect a reader's

comprehension

of what you are

trying to say

0 to 4.9/10

Organization

up to 10 marks

Your report is

organized in a

logical manner

which allows the

reader to

understand your

legal position

9 to 10/10

Your report is

organized well

but you could

have organized it

in a more logical

manner

7 to 8.9/10

Your report is

not organized

well and readers

have difficulty

understanding

your legal

position

5 to 6.9/10

Readers are

unable to

understand your

legal position

because your

report is not

written in a

logical manner

0 to 4.9/10