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Sally Perfect is a perky 38-year-old with a university degree in accounting. She is married (to Brad) and they have one “perfect” child, Tommy.
For fifteen (15) years Sally works as a Bookkeeper at Canadian Washing Supplies (CWS) located locally in Dartmouth, which is a Federally incorporated company which sells wholesale industrial rated cleaning supplies to various cleaning companies primarily in Nova Scotia but also has a few sales to businesses in New Brunswick and PEI.
As “Bookkeeper” she is responsible for receivables and payables. She reports to Bob Bing, the Head Bookkeeper, who in turn reports to Marilyn Bumby (the Dartmouth Branch Office Manager). Sally has one employee who works under her direction (a position called “Payables Clerk”) but does not have disciplinary control over this employee.
When she starts working for CWS Sally signs a written employment contract. Clause 7 of this contract states that “All of the terms of the CWS personnel policies are part of your contract of employment.” Clause 13.5.7 of the personnel policy states that “management reserves the right to change your position and location at their discretion.” Although a copy of this policy is posted outside of the Office Manager’s office door, Sally never reads its contents.
On January 5, 2017 Marilyn tells Sally that Bob is leaving to go work for a competitor as of the fall of 2017, and that therefore she is to be promoted, effective October 1, 2017, to the position of Head Bookkeeper. This means a raise in Sally’s salary from $35,000 to $43,000.
On January 12, 2017, Sally finds out she is pregnant with twins, and therefore plans to go on pregnancy leave, which according to her doctor should start on September 1, 2017 in view of previous medical problems involved with her first pregnancy (and the potential medical complications with having twins). Because of medical issues she suffers from high blood pressure and must start her leave earlier than expected on August 1, 2017.
When Bob leaves his “Head” position on October 1, 2017, Marilyn gives the position to Tina Moneypenny, who is another Bookkeeper with CWS. Tina does a great job. Sally has her twins on October 5, 2017, and one of the twins suffers from serious medical issues. As a result, with Marilyn’s consent, Sally’s leave is extended to December 1, 2017.
On November 15, 2017 Sally calls Marilyn and wants to check in about her return to work as Head Bookkeeper, and Marilyn says to Sally “that position is no longer available because Tina is doing such a bang-up job.” Sally is outraged and insists that she is entitled to her old job back. In reply Marilyn says “we can only offer you the job as Bookkeeper but will pay you the Head’s salary of $43,000.” Marilyn then says “this is all we can offer, the policies say we can, and if you don’t show up for work then we will consider this a resignation.”
Sally comes to you (the best labour lawyer in Dartmouth) on November 20, 2017, and wants to know her legal rights and remedies, and whether she must take this position with CWS.
Please consider and
discuss all issues and arguments
An employee or independent contract or dependent contractor?
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