Elaine is employed by a large multinational company in a top management position where she oversees a staff of 100 employees. There is no formal written employment contract between Elaine and the company, but she is paid an annual salary of $150 000.00 and given a company car; an expense account; and, at the end of each year, a bonus. One day, Elaine, who is an avid supporter of the Conservative Party, has an argument with the president of the company, who is an avid supporter of the Liberal Party. A couple of weeks later, Elaine receives a memo from the company's head office advising her that she is being transferred to the company's shipping department and that her company car, expense account, and bonus have been terminated. Elaine comes to you, her lawyer, for advice. In this case you, will tell Elaine
a. that the company is in breach of its employment contract with Elaine.
b. that she has been wrongfully dismissed by the company.
c. that the company has the right to do what it has done and that Elaine has not been wrongfully dismissed.
d. that Elaine has been constructively dismissed by the company.
e. none of the above
Quick Reply
