Sam is 40 years old and has worked at Clean Energy Inc. in Calgary for 20 years. He is a senior manager. His company wants to transfer him to Florida. He will be paid the same amount, but will not manage as many employees. Sam does not want to move his family to the U.S. due to safety concerns. Sam is told that if does not accept then he will be transferred to the Toronto office and work as a junior manager. When Sam refuses both transfers, his boss throws a fit and embarrasses Sam in the middle of the reception area. Sam sues for wrongful dismissal.

REQUIRED:

i. If Sam is entitled to reasonable notice, what are two common law factors and one additional fact the court will consider in determining how much Sam will receive? (3 marks)

ii. The company completes an investigation and finds out Sam was stealing from the company, what will they claim and how much notice would Sam be entitled to? (1 mark)

After Sam leaves Clean Energy Inc., he decides to take a two month break. During this time he does not look for a new job. When he starts looking, it takes Sam three months to find a job.

iii. What is the argument Clean Energy Inc. can make and what will be the result?