BLAW 3750 Employment Law

Brian Fixter, 45 years-old, has been employed by your company for the past seven years and works in the warehouse. As a warehouse worker he does general labour for the company as well as deals with customer inquiries. The company has alleged a number of events that Brian has done wrong which allows it to fire him for cause (these events are the three complaints you individually wrote about in Term Assignment #1 at the start of term).

 

Create your own fake law firm and write a memo from the law firm to the company which fired Brian Fixter. In your memorandum you will discuss both of the following:

1) Use the law you have learned throughout the course to flag potential issues with firing Brian because of the three individual complaints. What legal issues should the company be worried about? Explain the law in full as it relates to the complaints from  your Term Assignment #1. Recommend to the company whether or not it could properly dismiss Brian for just cause for each of the three complaints.

a. For one of the three complaints, you must use CanLII to find one case supporting your advice of if there is sufficient cause or not. You must cite the CanLII case and state how it supports your assessment (of cause or not).

 

2) Advise the company about how much notice it would have to provide if it decided to terminate Brian without cause by doing the following:

a. Determine Brian’s notice period as if the ESA applied to the position.

b. Second, determine Brian’s reasonable notice period using common law. In determining the common law notice you must also provide the company with two (2) cases you’ve discovered from CanLII to justify your assessment. You must cite the CanLII cases and state how they support your assessment of the range for Brian’s reasonable notice period.