You are a licensed paralegal. You have been consulted by Liz Sunak regarding an employment matter. Liz

Fantastic news! We've Found the answer you've been seeking!

Question:

You are a licensed paralegal. You have been consulted by Liz Sunak regarding an employment matter. Liz was recently terminated from her employment at Just Like New Limited, a small internet start-up that allows subscribers to buy high end used clothing, shoes and accessories. Her annual base salary at the time of termination was $69,000.00. She was enrolled in the company's health plan, valued at $100 per month, and pension plan which matched her contributions dollar for dollar. She regularly contributed $100 per month to the pension plan. Liz was given an iPhone and an iPad and Just Like New paid for both the cell phone service and her internet service at home as she was expected to be available at all times and had been working from home exclusively since March 18, 2020. She was glad the company paid for her internet because it saved her about $100 a month. Her cell phone cost $70.00 per month. In 2018 Liz received a $6,000 bonus, in 2019 a $7,000 bonus and in early 2020, a $2,500 bonus. Just Like New did not pay bonuses in 2021 or 2022. Liz worked for Just Like New for just over six years. When she joined the company, she had been unemployed for about five months. She responded to an online advertisement and was hired after two interviews. She did not sign an employment contract. The issue of how much notice she would receive if her employment was terminated never came up. Liz is 32 years old. She has an Honours Bachelor of Computer Science degree from Sheridan College. She lives with her 4-year-old daughter, Sasha, and her elderly parents who rely on her for support. Liz owns her home and has a $450,000.00 mortgage. She is very worried about keeping up with mortgage payments as rates have gone up and she will need to re-new her mortgage in 6 months. Liz just signed a contract to renovate the house to build a basement apartment for her parents so they have some privacy. Sasha has severe asthma and her puffers cost $200 every 3 months. She attends private Montessori school at a cost of $500 per month. Sasha's father stopped paying child support six months ago when he lost his job and Liz is struggling financially. At the time of dismissal, Just Like New's Vice-President, John Smith, told Liz that she was not being dismissed for cause. The COVID-19 pandemic caused serious financial strain in 2021 and the downturn in the economy in 2022 resulted in a significant drop in business as consumers were worried about a recession and weren't shopping for designer clothing and accessories. No other employees were let go by Just Like New at the same time as Liz. The company now has seven employees left. There is no union at Just Like New. The termination came as a complete surprise to Liz and the company did not handle it well. She had been working strictly from home due to COVID-19 and they simply sent her an email telling her she was being terminated effective immediately. The email from John Smith indicated that she was only entitled to receive six weeks' pay plus applicable vacation pay pursuant to the Employment Standards Act, 2000. The money was paid by direct deposit into her bank account on the next regular payday along with her unpaid wages. Her health benefits, cell phone service internet connection were cut off the day she was terminated. She tried to go into the office to pick up some personal belongings (photos, some books, her favourite coffee mug) but her electronic security card did not work, and she couldn't find the building security officer to let her in. Liz has no idea how long it will take her to find a new position. She wants to know if she has a strong case to sue for wrongful dismissal.

Answer the questions below .

1. What are the two legal issues to be determined in this matter? 2 marks

2. Identify at least five facts that are relevant to determining the issues. 5 marks

3. Identify at least five facts that are irrelevant in determining the issues. 5 marks

4. Using an online data base of your choice (Lexis Advance Quicklaw, CanLII or WestlawNext Canada) conduct legal research based on the facts and issues raised in the fact situation and locate one case not older than 2010 that is relevant and applicable to Liz's matter and binding in Ontario. 3 |provide a concise summary of the case (not more than 1 page) under the headings "Facts", "Issue(s)" and "Decision and Reasons". Provide the full legal citation. DO NOT copy the headnote or content from the decision and focus on the elements of the case that will help us advise Liz. 8 marks (b) Why is the case you chose applicable to Liz's situation? 2 marks

5. Read the summaries of the following cases posted in the Termination module in SLATE: Bardal, Cronk, Wallace, Honda and Summerfield. Based on those cases as well as the case you located for question 4, predict what a court might award Liz in damages for wrongful dismissal. Be detailed in your analysis. Apply the principles established in the cases to the facts provided. 10 marks

6. Do you recommend that an action be brought in Small Claims Court? Explain your answer in detail (why can or should an action be commenced in Small Claims Court OR why can't or shouldn't it be brought in Small Claims Court).