Olguin, age 55, had worked for Canac (a cabinet-maker) for almost 24 years when he was terminated on July 15, 2003, without cause, due to restructuring. At the time he was terminated, Olguin
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Olguin, age 55, had worked for Canac (a cabinet-maker) for almost 24 years when he was terminated on July 15, 2003, without cause, due to restructuring. At the time he was terminated, Olguin’s position was “team leader.” He was given the minimum (ESA) statutory payment of 31.79 weeks upon termination. Within two weeks, he got a job with Cartier Kitchens, but at significantly reduced pay ($42,000 compared to $68,000 per year) and with far fewer benefits. In late 2004, Olguin found out he had laryngeal cancer, and underwent a series of surgeries as a result. Unfortunately, the new employer did not offer disability coverage, and Canac had only provided him with eight weeks’ disability coverage upon his dismissal. Olguin sued Canac for wrongful dismissal (failure to provide common law reasonable notice) and for compensation related to disability benefits. Canac conceded that Olguin was entitled to a longer reasonable notice period under common law. However, it argued that Olguin should have mitigated his potential damages by buying a replacement disability policy when he knew that Canac was not covering him for disability beyond the initial eight week period.
What period of notice, if any, is Olguin entitled to beyond the 31.79 weeks provided by Canac?
What additional damage entitlements, if any, does Canac owe Olguin?
After several months of being laid off from her job with a railway company in Jasper, Alberta, Jummai was finally recalled to a position in Vancouver, British Columbia, where the employer’s business was growing rapidly. The collective agreement allowed for this type of transfer. However, with two young children and a husband who had an unpredictable work schedule in Jasper, Jummai asked to remain on layoff until a job closer to Jasper opened up. The railway granted her and two other employees with similar requests, four additional months in which to make appropriate child care arrangements, but indicated that if she did not report to Vancouver by the end of that period, her employment would be terminated for refusing the transfer. Jummai felt that this was inadequate accommodation. She refused the transfer, and was terminated as a result. Jummai’s union filed a grievance, arguing that the employer should have granted a compassionate leave of absence, and that failure to do so violated human rights legislation.
a) What is the prohibited ground of discrimination alleged in this fact situation?
b) Did the employer fulfill its duty to accommodate under Human Rights legislation? Explain your answer by referencing the possible arguments that both Jummai and the employer can make.
Basil, an electrician, began to work for his employer in 1999. By the end of 2000, in addition to his regular duties, he had assumed some supervisory and administrative functions: keeping track of hours worked by all employees on site, approving time sheets, occasionally making recommendations for hiring and firing, and suggesting wage rates for the new employees. In fact, even though he continued with his regular duties as an electrician, eventually about 80 percent of his time was spent on supervisory and administrative functions.
Basil consistently worked more than 44 hours a week. He asked his employer for overtime pay. His employer refused, saying that Basil was exempt from those requirements. Basil filed a claim with the Ministry of Labour.
a) On what basis was Basil arguably exempt from the overtime requirements under the Employment Standards Act, 2000?
b) Did Basil fall within that exemption? Explain your answer.
A school computer technician who was remotely accessing the hard drives of school-issued laptops for routine maintenance found sexually explicit images of a Grade 10 student on a high school teacher’s laptop. The technician reported this to the school’s principal who directed the technician to copy the images onto a disk. The next day, the principal told the teacher, Cole, to return the laptop. The laptop and disks were turned over to police, who searched them without a warrant. Cole was charged with possession of child pornography. In a pre-trial application, Cole argued that the various parties (the school technician, principal, school board, and police) had infringed his Charter right (s. 8) to be free from unreasonable search and seizure.
a) Did the school’s search infringe Cole’s Charter rights?
b) Did the police’s search infringe his Charter rights?
Uther had worked as a machine operator in the employer’s large aerospace manufacturing plant (payroll $10 million) for 18 years when he was dismissed for alleged just cause. The dismissal was based on a series of performance problems (careless work resulting in shoddy product) and incidents of misconduct (lateness and excessive absenteeism) for which he had received progressive discipline. After his summary dismissal, Uther sued the employer for wrongful dismissal damages. He alleged that the employer did not have just cause to dismiss him, and therefore was required to provide him with working notice or pay in lieu of notice under the common law and give him his entitlements under statute. The trial court found that the employer had just cause under the common law because it had carefully documented the numerous performance issues and followed its own progressive discipline policy. However, Uther argued that he was nonetheless entitled to termination and severance pay under the Employment Standards Act, 2000.
a) How much termination pay and severance pay is someone with Uther’s length of service entitled to under the Employment Standards Act, 2000?
b) Is Uther entitled to statutory termination and severance pay in these circumstances? Explain your answer.
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