Crown Metal was in business of manufacturing metal packaging. Mr. Di Tomaso was employed by Crown Metal for over 22 years as a two-piece mechanic and press maintainer, which involved setting up the line, minor repair work, and assisting the millwright with mechanical work. Crown Metal closed the facility where Mr. Di Tomaso worked on February 26. When Di Tomaso's employment was terminated, Crown Metal provided him with a letter stating that he would receive 26 weeks' severance pay, accrued vacation pay, and benefits. Mr. Di Tomaso was 62 years old at the time of his dismissal. Mr. Di Tomaso is unhappy with the notice and wants to pursue a claim of wrongful dismissal. In response, the company has stated that if he contests the notice then they will revoke the offer and instead pay him only the amounts under the ESA. The stated he has two days to accept the severance offer.

1. How much time would Mr. Di Tomaso receive as compensation for length of service under the Employment Standards Act?

2. Assuming Di Tomaso makes $35.50 per hour and works 40 hours per week, how much would his total lump sum pay-in-lieu

compensation be under the ESA?

3. Determine what a reasonable common law notice period would be for Di Tomaso. Explain and apply law fully.

Answer rating: 100% (QA)

1 Under the Employment Standards Act ESA of Canada Mr Di Tomaso would be entitled to receive one wee... View the full answer