was expected to turn it around and perform to standards that
exceeded any that had been expected of her in the past. He reiterated his findings that the GAP program, as implemented by
the appellant, was arbitrary and unfair, and held Ms. Brake to
goals that were more onerous than usual and in excess of those
set by McDonald’s generally. He concluded that Ms. Brake had
been set up to fail from the beginning of the GAP program,
pointing out that, although Ms. Brake ultimately met the
onerous goals set for her, that was not enough for the appellant.
Instead, it told her that she could take a demotion to first assistant or leave.
 The trial judge found that the appellant had made a substantial and fundamental change to Ms. Brake’s employment
contract and, in so doing, constructively dismissed her without
 The trial judge noted that Ms. Brake was 62 years of age
at the time she was constructively dismissed and that she had
worked for McDonald’s in some capacity for the majority of her
working life. He found that she had effectively worked for
the appellant for 20 of those years. He noted that she had little
in the way of formal education and that she had risen to a
management position through perseverance and hard work.
Despite Ms. Brake’s reasonable best efforts, she had been unable
to secure a reasonably comparable managerial position since her
 After considering Ms. Brake’s age, the length and nature
of her employment, the manner in which she had been dismissed, the low likelihood that she would ever again attain a similar managerial position, and the impact on her of being unjustly
dismissed in the context of her character, reputation and circumstances, the trial judge found that a fair compensatory notice
period was 20 months, inclusive of any statutory severance
required by the Act.
 He then awarded damages equivalent to her remuneration over a 20-month time period, without deduction for income
she received during that period. The 20 months of compensation
amounted to $104,499.53. It was based on an annual salary of
$53,000, a $6,000 car allowance, $1,307.76 for a cellphone and
$2,391.84 in miscellaneous health benefits.
 PJ-M2R submits that the trial judge erred
(1) by failing to give adequate reasons for his findings of fact
and credibility determinations;