Working with what you have learned about employment law, you will apply your knowledge to analyze and draw a conclusion on the fact patterns below. Part A Familiarize yourself with each fact scenario below and determine what aspect, if any, of Ontario's employment standards legislation is potentially being breached and why/how. Cite your statutory authority. On January 2, Y0, Rosita Doterra started a new job as a paralegal at the firm of Notorious Notaries working for the licensed paralegal, Carl Campbell. She is earning the current minimum wage. She has been experiencing some issues in the workplace.

2. Ms. Doterra has been working six days per week, eight-hour shifts, and is paid every two weeks.
4. In the summer of Y0, she asked for two weeks off for vacation, but Mr. Campbell said that the office is very busy and did not allow it. Ms. Doterra alleges that Mr. Campbell did not let her take vacation out of malice and that the office was not that busy and there were many other paralegals and law clerks willing to take additional shifts.
6. Ms. Doterra complained that in December of Y0 she did not receive pay for the Christmas holidays. When Ms. Doterra asked Mr. Campbell why she did not receive pay, Mr. Campbell replied that "people do not get paid when they don't work".
8. Ms. Doterra was wondering what her employment rights were and she did not know how to find out. Her colleagues were of no assistance since the majority of them did not fluently speak English. When Ms. Doterra approached Mr. Campbell with a question about her employment issues, he did not provide a response and said, "This is my firm, take it or leave itthere are many other paralegals willing to take your job in a second". There was no information about employment rights or entitlements in the office.
10. On January 28, Y1, Ms. Doterra is considering leaving Notorious Notaries and is wondering if she needs to file a claim during her employment or after she leaves, and whether there are any other things she needs to be aware of in deciding to file a claim.

Part B

Joanne works for a law firm as a paralegal. Her employer discovered that in the past six months she was taking extra money from clients in order to complete their files faster. She secretly kept this money for herself. She had worked at the law firm for five years and does not have a history of dishonest or illegal acts.

2. May the employer dismiss Joanne with cause? Cite relevant case law if any. Give reasons for your answer.
4. If Joanne had a credible explanation for her misconduct, would Joanne be successful if she sued the employer for wrongful dismissal? Cite relevant case law if any. Give reasons for your answer.

ASSIGNMENT STEPS

2. Review the description carefully to ensure you understand the assignment instructions.
4. Double-check your work frequently and make any adjustments as necessary.
6. In memorandum format, draft your responses to Part A and Part B under separate headings. Your submission for both parts must be in 12-point font, double-spaced, and a maximum of four pages.
8. Review and submit your final documents as indicated by your instructor.

Answer rating: 100% (QA)

Part A Analysis of Employment Standards Breaches Ontarios Employment Standards Act 2000 ESA governs various aspects of employment relationships in the province 1 Excessive Work Hours and Vacation Deni... View the full answer