1. (10 MARKS TOTAL)

Andrew has worked at Sobeys in Toronto for 7.5 years. Over the last couple of years, new processes and procedures have been put into place and Andrew has struggled to adapt. He's been trying hard but has made a number of mistakes. He's been told unofficially that he needs to improve. On Monday, the employer told him that he was not working fast enough and that if he didn't improve, he would be fired. Andrew said he was working as fast as he could, but he would try to work even faster. The next day the manager followed him around, telling him to hurry up. Andrew, stressed out, dropped something and it broke. He yelled at the manager, telling her to get off his back and let him do his job. Two days later, on Wednesday, the employer fired him for cause, with no notice, for incompetence and insubordination, saying he had not improved and was disrespectful to his manager. Andrew comes to you and asks if he can get his job back or what he might be entitled to under the Common Law and under the ESA).

PART ONE (6 MARKS)Advise Andrew of any legal argument he could make against the employer under the ESA, including any remedy he could receive if the argument was successful.PART TWO (4 MARKS)Advise Andrew of any legal argument he could make against the employer under Common Law, including any remedy he could receive if the argument was successful.

2. (10 MARKS) Explain how the concept of Constructive Dismissal under both Common Law and the ESA intersects with, overlaps and complements the concept of Discrimination under the HRC. How would this understanding help a worker, who feels they have been 'discriminated' against by an employer, choose their legal remedy? Are there limits on these remedies? As always, refer to the statute and legal cases to support your answer.