Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

Had been working as a forest firefighter for two years. was…

Elizabeth had been working as...
Elizabeth had been working as a forest firefighter for two years. Elizabeth was one of the only women in her unit, but that did not stop her from winning the Firefighter of the Year badge for her region. Two weeks later, Elizabeth was notified that she had not passed one of the modules on a newly imposed province-wide fitness test and that, as a result, she would be dismissed. This module of the test required firefighters to run a 2.5 km course of uphill terrain in 11 minutes or under. Elizabeth had taken 11 minutes and 49 seconds. Because of her excellent record of service, she was given a severance package in excess of what was owed to her by law. Does Elizabeth have grounds for a complaint? Briefly describe the relevant considerations.Hello, I am now working on this case. I would like to know, what is the likely outcome if Elizabeth is not being discriminated against? Whether the severance package she was offered is reasonable.
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 3 minutes by:
3/21/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,593
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Ask Your Own Canada Law Question

Is this for homework or for actual legal help?

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
It is a homework.

I am happy to discuss the issue but I cannot do the question the way you are asking. As a lawyer I cannot do someone's homework for them.

Do you want me to tell you what you should consider thinking about? Or would you rather me ask the site to move this to the homework list?

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
will anyone answer my question if it is moved to the homework list?

I don't know. I don't know if they know the law.

But lawyers cannot and will not do homework for a student.

I am happy to provide some guidance but that is all.

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
I don't want the phone call, but . could you please give me some guidance?

Sure.

There are two main issues here. One is about discrimination and the other is about whether she was given more termination pay than she would otherwise get.

It sounds like you don't need to discuss the discrimination issue but if I am wrong let me know.

If there was no discrimination then essentially Elizabeth is entitled to reasonable notice or pay in lieu or a combination of both. The Employment Standards Act provides minimum notice periods only but in Ontario courts have found that an employee is entitled to reasonable notice or pay in lieu and generally, in determining what is reasonable notice Courts look at several factors including the length of time Elizabeth worked for the employer, her age, your position, the likelihood of finding new employment etc.

At the high end, if Elizabeth were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If she were not in a managerial position the Court would order somewhat less.

If she had been discriminated against then the damage award would be higher in most cases or instead of suing for wrongful dismissal Elizabeth could file a complaint with the Human Rights Tribunal.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
I am still confused. Do you mean that if there was no discrimination then we can assume the notice and pay in lieu are reasonable? Since we do not know those factors you listed above.

I don't know because of I don't if your teacher means that they are being given what the Act says or what a court says.

Is this for a paralegal course or a high school course?

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
It is a university course
Commercial and Business Law for Mathematics Students

What section of the law are they covering? Is it about discrimination or wrongful dismissal for example? What have they taught you about notice provisions?

Ask Your Own Canada Law Question
Customer reply replied 4 months ago
FACTS FOR CASE #*****Elizabeth had been working as a forest firefighter for two years. Elizabeth was one of the only women in her unit, but that did not stop her from winning the Firefighter of the Year badge for her region. Two weeks later, Elizabeth was notified that she had not passed one of the modules on a newly imposed province-wide fitness test and that, as a result, she would be dismissed. This module of the test required firefighters to run a 2.5 km course of uphill terrain in 11 minutes or under. Elizabeth had taken 11 minutes and 49 seconds. Because of her excellent record of service, she was given a severance package in excess of what was owed to her by law. Does Elizabeth have grounds for a complaint? Briefly describe the relevant considerations.YOUR ASSIGNMENTWhen doing the assignment, envision that you are a young lawyer and the fact scenario represents a case that has come to your office. A senior lawyer has asked you to write a memorandum of law. In that memorandum of law you are expected to be able to do the following:Identify the relevant parties or players in the fact scenario.
Identify the relevant legal areas, principles and concepts that apply to the fact scenario.
Explain why and how the relevant legal areas, principles and concepts apply to the fact scenario.
Provide a likely outcome of how this fact scenario would be resolved by a Court or Judge. State your reasons why by applying the relevant legal areas, principles and concepts. For example, which party should be successful, the plaintiff (the party suing), or the defendant (the party defending or responding to the plaintiff's law suit?
DO NOT REGURGATATE THE FACTS. Incorporate the facts by answering the questions posed and issues raised.This is the whole question. I think it is about both discrimination and wrongful dismissal.
Customer reply replied 4 months ago
By the way, I would like to ask what are the relevant parties? Elizabeth and what?

Elizabeth and the employer are the two parties.

Yes I think you are correct about the two issues.

I think you should be able to answer based on what you've been taught and our discussions but you can come back after you have done the assignment and let me know if you have any more questions. The post won't lock after you rate me.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,593
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,593
105,593 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

105,593 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

239 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I was involuntarily retired two weeks ago and while I've
I was involuntarily retired two weeks ago and while I've paid for a lawyer to review my package, she did not give me satisfactory advice on the one gaping hole which is long term disability coverage. … read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
I am under extreme stress, and must go short walk,
I am under extreme stress, and must go for a short walk, please contact me by e-mail, as I will probably not remember how to get back to this site. I am educated, with a high IQ, technical job, but so… read more
Copperlaw
Copperlaw
Barrister and Solicitor
Law Degree
1,737 satisfied customers
I little bit of background. My long time girlfriend and I
I little bit of background. My long time girlfriend and I have been together for over 14 years before she passed away from cancer. We have been living in a privately owned student boarding house for t… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I was on my way to work from Alberta to Manitoba. I was stopped
I was on my way to work from Alberta to Manitoba. I was stopped outside Swift Current SK by the RCMP. They said they stopped me for travelling 115kmh. (speed limit 110). I expected a ticket. The RCMP … read more
CaptanLaw
CaptanLaw
Lawyer
Juris Doctor (Law Degree)
239 satisfied customers
My mother died on Thursday, May 17,2012. I took her to the
My mother died on Thursday, May 17,2012. I took her to the hospital at 11:00 am telling them that she was having a stroke. They sent us to the waiting room where she started to deteriorate, her eyes w… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
Elizabeth had been working as a forest firefighter for two
Elizabeth had been working as a forest firefighter for two years. Elizabeth was one of the only women in her unit, but that did not stop her from winning the Firefighter of the Year badge for her regi… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
Non-custodial parent will not give permission for 8 year old
Non-custodial parent will not give permission for 8 year old child to access medical assessment and intervention for severe behaviour and mental health issues. What can custodial parent do in the best… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,180 satisfied customers
My daughter recently got a BC speeding ticket. She currently
My daughter recently got a BC speeding ticket. She currently has her N class license. She was driving home from work late at night in a 50 zone. She was still in the 50 km zone and had already sped up… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,263 satisfied customers
Less qualified co-worker got promotion instead of me
My co-worker is having an affair with the boss and just got a job that had been promised to me last summer. I was asked (told) last summer to change my job from a regional director position to a centr… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
My husband and I own a 5 acre lot in a rural area, to the north
My husband and I own a 5 acre lot in a rural area, to the north of our lot is a 20 acre lot that has immediate access to a public road way. Prior to purchasing our lot the original owner owned both sa… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
I have worked for the same large hospital system in Ontario
I have worked for the same large hospital system ( largest in Ontario - 2nd largest in canada) in Ontario for 19.5 years. I took a 1 yr approved mat leave July2007-July2008. When I returned they did n… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
A new male co-worker, who is in my Companys succession planning
A new male co-worker, who is in my Company's succession planning program for future managment, was laughing at an e-mail he had received. When I asked what was so funny he showed me the e-mail. There … read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
My daughter has been co-habitating with her boyfriend for approximately
My daughter has been co-habitating with her boyfriend for approximately 3 years. The house in which they live was purchased in her boyfriends name. My daughter also works in the office of her boyfrien… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
I sold a used car as is, never licensed or insured the vehicle
I sold a used car as is, never licensed or insured the vehicle and it was not driven, other than in and out of a garage. The young lady that bought the car had to put some money into the vehicle as yo… read more
D.A.M.
D.A.M.
Principal Attorney
Doctoral Degree
2,749 satisfied customers
In 2007 I left my job of 17 years due to bullying by my superior.
In 2007 I left my job of 17 years due to 'bullying' by my superior. I was given a package. Part of the agreement was that the employer was to advise the staff in the organization that I had left to pu… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
have worked for a national womens organization for 10 years.
have worked for a national women's organization for 10 years. They have decided to go to part time staffing....I am currently the only staff person. I can not afford to work part time. i was notified … read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
I lived common law with a women in Alberta from 1997 to 2001.
I lived common law with a women in Alberta from 1997 to 2001. A child was born 1998. We seperated in 2001 fought twice in court for inter access orders. I pay mentenance on this child presentily. I ha… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
I am of Native descent and I have a daughter with an Italian
I am of Native descent and I have a daughter with an Italian with whom I was never married to and have been separated from him for almost 3 years. We have no custody papers possession but have receive… read more
Debra
Debra
Lawyer
Doctoral Degree
105,593 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x