Esther Brake may be the hardest working person in Ottawa. She was sixty-two years old and Managed a Kanata McDonald’s while simultaneously holding down a part-time position as cashier at Sobey’s. Ms. Brake was constructively dismissed when her Employer demanded she accept a demotion to First Assistant or leave. After refusing the demoted position because it would be embarrassing and humiliating her employment was terminated.
The letter of offer or employment contract must set out the purpose of a probationary period including how performance will be evaluated; what happens if the Employee is unsuccessful; and what will be paid on termination of employment?
Punitive damages are imposed only if there is highhanded, arbitrary or highly reprehensible conduct that departs to a marked degree from the ordinary standards of decent behaviour.