Assistant Fire Chief Mr. Bailey was pulled over by the RCMP as he was driving home one evening in an unmarked fire department pickup truck. The RCMP officer said that he had been speeding.Mr. Bailey apologized and said that he had been working very hard due to the forest fire season in the area and was tired. During that conversation the RCMP officer smelled alcohol and asked Mr. Bailey to take a breathalyzer test. Mr. Bailey failed the test. The RCMP impounded the truck he was driving and Mr. Bailey was given a 90 day ban on driving. When his employer - the City - learned about this incident, Mr. Bailey was terminated with cause after they completed a review and verified all facts ie that he was driving an unmarked fire truck and was drunk. A decision to terminate Mr. Bailey was made even though he was an exemplary employee, had never been in trouble with the law and that the police chief had recommended to the City that they merely suspend him for a period of time.Mr. Bailey plans to sue the City.

1. What is the legal issue/question? (2 marks)

2. What is the main legal test/rule of law? (1 mark)

3. What is an argument for the plaintiff Mr. Bailey? (1 mark)

4. What is an argument for the City as the defendant? (1 mark)