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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.
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3/21/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,872
Experience: Lawyer
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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.

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Is this for homework or for actual legal help?

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Customer reply replied 29 days 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?

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Customer reply replied 29 days 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.

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Customer reply replied 29 days 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.

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Customer reply replied 29 days 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?

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Customer reply replied 29 days 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?

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Customer reply replied 29 days 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 29 days 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
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