MANDATORY ASSIGNMENT #3 (ONLINE) S1 2020 – QUESTIONS

Assume all fact situations take place in Ontario. The answers to some of these
questions may need to be found in the relevant Ontario legislation, not the text:

1. What is the difference between termination pay and severance pay? Does every
jurisdiction in Canada require that employers provide both?

2. Is it possible for an action by an employer to amount to a termination of the

employment contract in the common law regime but not in the regulatory standards
regime? Explain.

3. Is it possible that an action by the EMPLOYEE would justify dismissal (i.e. for cause)
under the Common Law but not be justified under the ESA?

4. Reza worked for Ford Motor Co. Of Canada for 15 years when he was fired, along
with a couple of other employees, including his boss, Manfred, who has been working
for the company for 4 years. For all the below questions provide statutory support for
your answer (i.e. what statute/regulation section provides the answer)?

i) Under the ESA, what is Reza entitled to? Under the ESA, what is Manfred
entitled to?
ii) Does your answer change if they were fired with a large number of other
employees? How so?
iii) Is there anything that would prevent them from getting ESA notice? Ss. 8, 97
iv) Is there a limit on how much they can get in compensation?
v) Can they try and get BOTH ESA statutory notice AND Common Law
Reasonable Notice?
vi) Can they get their jobs back under the ESA?
vii) Is there a time limit on when they can file their complaint? Or get a remedy?

5. List 5 groups of workers to whom the Ontario ESA does not apply at all.

6. Does the ESA deal with discrimination? If so, which groups does it prohibit
discrimination against? Is there any other claim one can make for discrimination under
the ESA?
7. What three safety rights do workers have under the internal responsibility system?
And which of these rights do you think is the most important?
  
8. Why might workers be reluctant to exercise their right to refuse unsafe work?
 
9. What have workers given up and gained under workers’ compensation? Why might
workers prefer to receive workers’ compensation instead of seeking redress under the
common law?
 
10. Why do some employers pretend to accommodate injured workers’ disabilities
instead of actually accommodating them?