Sally worked for ABC Manufacturing for five years in a non-union position. She worked her way up from receptionist to supervisor of the Accounts Receivable department. She has acquired over the course of her employment her Administrative Professional Certificate, her Financial Accounting Diploma and is currently working on her Business Administrative Degree through Athabasca University in her spare time. Her performance reviews have been excellent and her past supervisors speak highly of her work ethic and interpersonal skills.
Sally signed a new employment contract when she was promoted to her supervisory position. The contract outlined her work duties and responsibilities, hours of work, salary and benefits, overtime pay, bonus structure, confidentiality clauses, and termination clauses by employer and employee.
Sally recently suffered a miscarriage after trying to have her first child. She took some time off from work to cope with the loss and returned to work one week later. Finding it difficult to work Sally saw her family doctor. She was diagnosed with a moderate case of depression. She went on short-term leave funded through her benefits. When she returned to work six weeks later, her employer had filled her position with a new employee and offered her a position as a receivables clerk with reduction in pay and responsibilities. Sally was devastated and handed in her two-week notice of employment termination.
Questions:
1. Identify all aspects of AB law that the employer has violated.
2. What is Sally’s recourse for her situation, if any?
3. Assess Sally’s recourse for the dismissal, if any. Include in your response her options.
Can Sally sue for damages, and if she can sue for damages, what would the court consider when assessing damages?