Tina started working as a legal secretary for Harvey, a small-town lawyer, in 1986. In 2011, Tina began suffering stress and took two months off on doctor’s orders. When she returned, she felt she was overworked and underappreciated and in July 2012 she had an emotional outburst: Harvey claimed she demanded a $5,000 bonus and a raise or she would quit on the spot. He felt he had no choice and so agreed to pay the bonus and increase her hourly rate from $14 to $18 per hour. Tina denied asking for a specific amount but said she did request a bonus, which she had received regularly in the past. In August 2012, Tina called in sick several times, which related to her having pneumonia, but Harvey said this put him on the spot, as he was working on four major deals at the time. Harvey considered terminating Tina’s employment but decided it would be easier if he simply retired. When Harvey advised Tina of his plan to retire in four months’ time he also provided her with a positive letter of reference that praised her “thorough competence” and her ability to deal with difficult clients. On hearing about his plans to retire, however, Tina became upset and cursed him in the reception area where clients of a lawyer with whom they shared office space were present. Tina filed a wrongful dismissal claim for additional notice and Harvey countered that Tina’s behaviour provided just cause for dismissal. a. Did the employer have just cause to dismiss Tina? b. What damages is Tina entitled to receive?

Answer rating: 100% (QA)

aYes the employer Harvey has just cause to dismiss Tina on the basis that the employer is going to ... View the full answer