Jenny is the owner if a medium-sized computer software in Toronto, Ontario (payroll $2.6 million) with 15 employees (all non-union). After much thought, Jenny has decided that she has no choice but to dismiss Edgar, one of her computer technicians, on a without cause basis. While Edgar is good at technical part of his job, he is very slow in completing even basic tasks. Despite many attempts to help Edgar get his work done more quickly, and Ed full cooperation in trying to improve, client complaints are increasing, not decreasing. Given that Edgar, aged 36, has been with her company for 12.5 years, Jenny wants to provide him with a severance package that is fair and meets the full requirement of the law. (Edgar's employment contract does not contain an enforceable termination clause).

Help Jenny determine what is owing to Edgar, 1st under the common law and then under Ontario's Employment standards acts.

1)ESA: What are Edgar's entitlements under Ontario's Employment Standards Acts (Explain your answer in terms of the number of weeks or months pay that is owing to him under the ESA) 3 mark

2)Common Law: What are Edgar's entitlements under the common law (Explain your answer in terms of the number of weeks or months pay that is owing). In your answer, also explain what factors courts consider in determining the amount of reasonable notice (or pay instead of notice) that is owed to an EE who is dismissed on a "without cause" basis (4 marks)

3)What would Edgar be entitled to in this fact situation if, instead of being silent concerning notice, his employment contract did contain an enforceable termination clause that stated that, if he was dismissed without just cause, he would be entitled to 2 weeks pay, per year of completed service (2 marks)