What amount under common law constitute reasonable notice

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Reference no: EM133620502

Problem

Suman was 58 years old and had worked for the City of Toronto for 20 years as a senior project manager when her position was eliminated. Suman's salary is $98,000 per year and she has full medical, dental and vision care benefits.

Her role as department head is quite specialized and the department she had headed was being consolidated with another department and the head of the other department was taking over. Suman currently is experiencing a chronic medical condition that requires regular absences from work. (Note: City employees have full benefits, and a pension plan.)

Suman was offered an administrative role in the newly created Intelligent Transportation Systems Delivery ("ITSD") unit as a senior engineer. Although she would remain at the same wage level, working out of the same location, Suman believed this to be an inferior role to her previous operational role where she had several staff reporting to her.

On the day that the reorganization was to take effect, Suman went to work, but the new department had no staff or office space. She turned up for work but was left "sitting in her office wondering to whom she was to report and what her responsibilities were." At that point, Suman met with her supervisor and expressed concern that the new position being offered to her was not suitable and amounted to constructive dismissal.

After a lengthy conversation, and following consultation with Human Resources, the City offered to terminate Suman without cause.

Task

Question A. What would Suman's entitlement be under the Employment Standards Act? Show your calculations.

Question B. What amount under common law would constitute reasonable notice for a 20-year employee? Show your calculations.

Question C. Outline all the factors you would consider in determining the amount of reasonable notice under common law in this situation and indicate if any factor or factors have an effect on the amount of reasonable notice. For each applicable factor, show the amount to be included/added to the common law reasonable notice amount.

Question D. Draft a termination letter to be given to Suman - include all relevant information i.e., severance entitlements, benefits, and any other items relevant in this situation.

Reference no: EM133620502

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