John Snow began working for Castle BlackInc. (“CBI”) on November 1, 2017. He was hired as a data entry clerk where he processed customer complaints and entered them into a database. Mr. Snow was earning $1,200 per week, not including vacation pay.
Aemon Targaryen is the general manager of CBI. On November 7, 2017, Mr. Targaryen and Mr. Snow signed an agreement whereby Mr. Snow would be paid time in lieu for any overtime that he worked. It was a very busy time for CBI and Mr. Snow worked many hours of overtime. From November until the end of February 2018, Mr. Snow worked a total of 200 hours of overtime. In February, Mr. Snow took 40 hours of lieu time and therefore has 160 hours remaining.
On March 1, 2018, Mr. Snow was promoted to data entry manager. In addition to keeping some of the data entry work that he previously performed, Mr. Snow is also responsible for recording employee absences and lateness in his work area. He reports this information to Mr. Targaryen and Mr. Targaryen makes the decision regarding discipline and termination. Mr. Snow now earns $1,550 per week, not including vacation pay.
According to CBI policy, Mr. Snow is no longer entitled to payment of overtime or any lieu time because he is a manager. In addition, under the terms of his agreement with Mr. Targaryen, Mr. Snow lost all rights to the lieu time that he earned in his previous position upon being promoted.
Mr. Snow finds that the pace of work has increased. He is now working 60 hours per week on average. From March 1, 2018 to July 15, 2018, Mr. Snow has not had any time off work. He is working seven days a week, every week. As a manager he is not paid overtime but his employer does pay him time and a half on public holidays. It is difficult to work on public holidays since his children are home; he would like to spend time with them but he needs the money and is appreciative that his company gives him more than straight time for public holidays.
On July 15, 2018CBI’s main client,The Westeros Company (“TWC”), announced that it is no longer going to use CBI’s services. TWC’s business accounts for 85% of CBI’s sales. Although CBI is trying to gain new customers, the loss of business has been devastating for CBI.
To avoid huge costs of terminating the employment of its employees, CBI has decided to embark on a new strategy. It has decided to eliminate all company health benefits effective September 1, 2018. In addition, all managers will have a 20% pay cut. Mr. Snow will therefore earn only $1,240 per week.
On November 1, 2018, Mr. Snow was informed that he was required to agree to a new oral agreement permitting CBI Company to eliminate any unused vacation. Given that it was a busy year, Mr. Snow never had the chance to use any of his three weeks of his vacation.
Unfortunately, things went from bad to worse. On November 2, 2018, CBI lost its second major client which accounted for 10% of CBI’s business. Although some new clients were acquired, overall sales are down 75%.
On November 3, 2018, all 500 employees of CBI were informed that their employment would be terminating immediately. Mr. Snow was provided with 2 weeks termination pay in lieu of notice. However, CBI filed for bankruptcy on November 4, 2018 and Mr. Snow was unable to recover any monies owing to him.
Mr. Snow has approached you for help. Your job is to present his case, in writing, to the Employment Standards Tribunal.
You are to provide a written report in the following format:
Summary of Issues:
This is where you summarize the complaints under the Employment Standards Act, 2000 that Mr. Snow has
Here you provide details of each complaint. You should make reference to the applicable section(s) of the Employment Standards Act, 2000 and provide examples of relevant case law. Outline any tests, if applicable. The text has examples of cases with similar fact scenarios. Use online resources such as canlii.org to find more examples. Separate into subsections for each pertinent issue.
This is where you draft your conclusion and state the remedy sought. In this case, you are asking the tribunal to award Mr. Snow an appropriate remedy.
This is not meant to be an extensive report. Three to four pages maximum should be sufficient to outline your position and present your case.