Reference no: EM132869620

Case Scenario:

Barb, who was 60 years old, worked as a manager in the actuarial department of a management consulting firm that has over 50 employees and a payroll of $4 million. Barb supervised a department of 15 actuaries and her salary was $120,000 per year. 

After being employed for 10 years Barb became involved in a dispute with another manager relating to office allocations. Barb sent an e-mail to her supervisor saying that she did not want to work for an organization that allowed the selfish conduct that the other manager was exhibiting and left for her vacation. 

After Barb returned from vacation, her supervisor delivered a letter to her saying that the company accepted her resignation. The letter requested that Barb leave the premises that afternoon.

Barb was paid the termination notice and severance pay provided for under the Employment Standards Act in a lump sum basis. The letter indicated that this payment was the only money Barb would receive and it was in full satisfaction of all obligations the employer had to Barb. 

Barb has sued the employer for wrongful dismissal and the employer has responded by indicating that Barb resigned, or alternatively there was just cause for Barb's dismissal. The employer referred to the fact that Barb had failed to submit performance appraisals for some of her staff.

Questions:

1. Discuss the requirements for a resignation and state whether or not you think Barb resigned. Explain.
2. Do you think that the firm had reason to fire Barb for cause? Explain.
3. How much money should the employer have paid Barb to comply with the Employment Standards Act? (Hint: consider notice of termination or pay in lieu and severance pay).  Explain showing calculations.
4. Explain in terms covered in this course whether a judge would find in favour of Barb or the employer in her wrongful dismissal suit. Explain.