Zippidy Lighters Limited has been manufacturing cigarette lighters for sixty years at its plant located in the Kinkville Industrial Park. The manufacturing plant has fifty-eight non-unionized employees. Tony Nicotine, the grandson of founder Jack Nicotine, has owned and managed the company for the past twenty-three years. On January 15, 2019, Tony's plant manager, Lucas Wick, retires and Tony has to find a replacement.

After a three-week interview process Tony finally selects a 26-year-old MBA graduate, Ashley Bashley, as the new plant manager.

Ashley starts on March 1, 2019 and takes over Lucas's old office space, right next to Tony's corner office in the plant building. Tony soon develops a close relationship with Ashley, and in fact they are frequently seen by plant line workers flirting and giggling with each other. However, after a plant worker accuses Ashley of yelling at him in August of 2019, Tony asked his Human Resources Manager, Fred Flint, to keep an eye on Ashley and ask other workers how she is behaving.

In the fall of 2019 Ashley starts what will become known as her "reign of terror" at the Plant. She (1) frequently yells at plant employees if they are slow (2) accuses Flint of incompetence and convinces Tony to fire him in February of 2020, which he does, and (3) physically assaults and hits two female workers who she accuses of flirting with Tony

The workers at the plant are so intimidated that they don't complain to Tony. Despite this, in March of 2020, one brave employee, Ben Hurr, complains to Tony Nicotine about Ashley's behavior and, in response, Tony asks his new HR Manager, Doug Weld (who unbeknownst to Tony was handpicked for the job by Ashley - they were old friends), to keep a "close" eye on Ashley.

By July of 2020, the Plant employees and their unofficial leader, Ben Hurr, have had enough and Ben takes the following steps:

Ben visits the local RCMP detachment and tells them about Ashley's assaults of employees at the plant.

Ben makes a complaint to the Department of Labour and alleges that section 13 of the Occupational Health and Safety Act ("OHSA") has been violated (section 13 states that "every employer shall take every reasonable precaution to ensure the health and safety of employees at the place of work").

Ben signs up 45% of the employees as union members and makes an application to the Labour Board to have a union certified at the plant.

On hearing all this Ashley, after consulting with Doug, immediately comes up with a "counterattack" strategy and recommends to Tony that:

1. all Plant employee salaries be immediately reduced by 10%.

2. any Plant employees who complain about the above wage decrease are to be "locked out" of the plant for a week, and if they continue to complain they will be summarily terminated.

3. the management team at the plant immediately have a meeting with all employees where it will be announced that the plant is having financial problems and that if the employees unionize the plant will probably close down.

4. Ben is to be put on progressive discipline and sent a letter that if he breaches plant "rules" again he will be terminated.

To add to Tony's problems, the RCMP show up at the plant and charge the company with assault (a Criminal Code offence) and the Department of Labour charges the company with a violation of section 13 of the OHSA [Note: Ashley is also being charged but just deal with the assault charge against the company!].

In addition, Fred Flint starts a wrongful dismissal lawsuit against the company.

Tony immediately comes to you, his trusted life-long advisor and lawyer, and wants to know how to respond to Ashley's (1) recommended plan of action (2) how to defend the Criminal Code and OHSA offenses, and (3) the merits and potential liability arising from Fred Flint's wrongful dismissal lawsuit. Please consider all issues and arguments in your opinion to Tony.