Brenda has just received written notice from her employer, ABC Inc, that she is being terminated from her mid-level management sales position, effective eight weeks from now, because the firm has decided to downsize. Twelve other people are also being terminated for the same reason. Brenda earns $52,000 per year (including vacation pay) and has been with this firm for four years. ABC Inc is a medium-sized company with an Ontario payroll of approximately $9 million. Based on your knowledge of Ontario employment law, answer the following questions: 

a) Is Brenda entitled to severance pay under the ESA? Explain 

b) How many weeks' notice of termination is Brenda entitled to under the ESA? Is she also entitled to mass notice of termination? Explain

c) Under the ESA, Brenda cannot file a claim with the Ministry of Labour and sue for wrongful dismissal damages under the common law. Identify and discuss the factors Brenda should consider in making the choice between these two avenues.

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a In Ontario the Employment Standards Act ESA governs the employment relationship including terminat... View the full answer