Employment Standards Act

Mary was employed as a dishwasher at a Moxies Restaurant in Toronto for 6 years.  One day she accidentally dropped a tray filled with dishes, breaking 10 plates. Answer both of the following questions.

Part A:  Assume the employer suspended Mary without pay for three days as discipline. Mary is furious. She has never been disciplined before. Her employment contract says nothing about suspensions. Mary comes to you for legal advice. She wants to sue her employer in court. What argument(s) could she make?  If she were to win the argument(s), what remedy would the court likely order?

 

Part B: Now assume that instead of suspending Mary, the company terminates her employment for breaking the plates.  The employer does not provide Mary with any notice or other payments because it claims there was cause for the termination. Mary asks you whether she has any entitlements under the Employment Standards Act. If there is any other information you would like to know before answering, what is that information?