Question
After Batman leaves, you decide you need someone else to help you, so you hire a new employee, Robin.After a year of working for you,
After Batman leaves, you decide you need someone else to help you, so you hire a new employee, Robin.After a year of working for you, COVID-2 hits. Sales of Bat Dogs virtually disappear. You decide you need to terminate Robin. You give him reasonable notice in accordance with the common law.Robin doesn't seem very happy about this and tells that you he doesn't agree with your decision. Depressed, Robin goes home and plays loud music all night long to distract himself from the pain of losing his job. This disturbs Robin's neighbours who cannot sleep as a result. They complain to him. He tells them that he has a medical condition that requires him to play loud music in order to relax when he is stressed, and they have to accommodate him. Plus, if they have a problem they should take it up with you as it's your fault that he is depressed. What are the main issues here?
Select one:
a.
Theneighbours do need to accommodate Robin and let him play loud music as long as he can provide a medical note from his doctor that he is depressed.
b.
The neighbours do not have to accommodate Robin and can claim against him in nuisance if he keeps playing loud music all night. The fact that he is depressed is irrelevant to their nuisance claim.However, you are liable for any losses that Robin causes because you were responsible for causing his depression. You were negligent to fire him without checking if he had a history of depression.
c.
Robin is entitled to notice under the Employment Standards Act, which is more generous than common law. In addition, you are liable for any losses that Robin causes because you were responsible for causing his depression. You were negligent to fire him without checking if he had a history of depression.
d.
There is nothing wrong with any of this. It's unfortunate all around, but that sometimes happens. Nobody could have predicted the pandemic.
e.
The neighbours do not have to accommodate Robin and can claim against him in nuisance if he keeps playing loud music all night. The fact that he is depressed is irrelevant to their nuisance claim. He has no claim in negligence against you. You were entitled to act as you did.
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