Max Griffin, 45 years-old, has been employed by your company (Mike's warehouse) for the past seven years and works in the warehouse. As a warehouse worker he does general labour for the company as well as deals with customer inquiries. The company has alleged a number of events that Brian has done wrong which allows it to fire him for cause and the letter of termination is as followed...

This letter is to notify you that your duties as a warehouse worker at Mike's Warehouse Supplies Ltd isterminated. Our goal at Mike's warehouse is to provide anexceptionalexperience to all ourcustomers at all times, which you have failed to achieve in the past,especially in the past month. Obviously, before you were employed, I informed you bothpractically and in writing about ourpolicies,guidelines,standards andexpectations.Weneedsomeonewhotreats every customer that walks in through our doors with respect, always on top of theirtasks, isproductive in terms ofclerical work and effectively takes care ofcustomer inquiries/concerns.Unfortunately, during ourHRmeeting 3 recent and serious incidents popped up on your file whichsuggested that you are no longerfulfilling and meeting ourstandardsand/orrequirements. As a consequence, you have been released ofyour duties at the warehouseeffective immediately.The termination of your employment is on the following grounds:

The companyrecruited you sevenyears ago and after a detailed job review certain concernswith your performance were noticed. Which included issues in regards to your job-related skillsets, withoutnecessarily notice, constantly taking time off work without providing proper explanation and three complaints that were completed by customers during this evaluation. For example, being passiveaggressivewithcustomers,avoiding them and unable to listen orprofessionallyrespondto them.As mentioned today during our meeting, for manyconsecutive days you have been away from work without legitimate justification. On December 3, 2020 you were called to my office, where we discussed your situation for about two hours. During whichI also directly addressed the company's vision, mission and how much wevalue our customers.Moreover, I presented solutions to help you lessen absenteeism from work. You reassured me thatyou will correct itbut the assessment showed how there were no signs of you trying torectify it. OnJanuary 3rd, 2021 again, it was reported that you were away from work without notification, because of which youreceived a writtenwarning. It further did nothing to correctyour actions.

Additionally, we havereceived many complaints from customers about how theyfoundthemselves in asituation that they felt ignored.So,whenevera customerentered the waiting area you failedto greet or evenacknowledge them. Moreover, there were cases of customers waiting to be helped but instead you wereeither busyattending personal calls. For example, whena customer came in by your desk at around 8:30 PM onJanuary6th, 2021, sadlyhim and his partnerhad to wait for about 35 minutes when they only had few questions because of which they left the warehouse without wanting to wait any longer. During whichyou were busy simplyplanning yourdaughter's birthday party on the phone.Theywere dissatisfied with ourcustomer service and left a horrible google review that most probably negatively changed the perception of many more regarding our warehouse.

Furthermore, customers have complained about your rude andaggressivebehavior. An incident that best highlightsthe issue is the one that took place onJanuary 8th, 2021 when you screamed at a customer. Thecustomer John Smith, was having trouble with his credit cards and asked if he can pay by cash.As specified in the company's COVIDrelated protocols, you were to log the customer's name, payment method (card only and no cash) along with the specifics of thetransaction. Instead ofexplaining to the customer why we no longer accept cash,you wentahead and screamed at him; "you can go in that corner and talk to your bank,I can't help you and you are wasting my time." First of all, this was extremelydisrespectful and second of all, needless because if askedyoushouldhave calmy explained how it's a COVID related protocol and has to be followed. Because of which the company had to apologizeto the client, and you were sent a second warning.Regardless, you told your coworkers how youdidn't feel sorry and how you would do the same thing if in a similar scenario.

Likewise, you have continuously failed toeffectively listen to customers in order to help when they have inquiries orcomplaints both in person and on the phone,which is a crucial part of your work. As stated in your job description, a crucial aspect of your responsibility as a warehouse workeris to listen to customers, provide helpful and accurate solutionsand not talk at them, but talk to them. For instance, in most situations, when customers spoke to you on the phone, they considered you arrogant, misleading and someone who would provide inaccurateinformation. This argument is backed by a complaint letter from a consumer namedAnthony,where heexpressed hisexperience with our company and hisefforts to contact you once he realized that was poorly treated.In depth he described the details of your conversation that he had with you on the 12th ofJanuary, 2021. Because of which we had to listen to the recorded conversation, and sadlywe alsonoticed how you did indeed useoffensive vocabulary. AtMike's we actively advise everyone tocompletely avoid usingoffensive words orimproper language,especially when dealing with customers. To conclude, the most recent but very serious incidents discussed above indicatethat you are not the sort of employee that our warehouse needs since our company's mission, vision and values are no longeraligned; so, as a resultwe think it's best to part ways by terminatingyour employment with us.

Make your own fake law firm along with amemofrom the law firm to the company which fired Max Griffin. In your memorandum you will discuss both of the following:

1) Use the employment laws to flag potential issues with firing Max Griffin because of the three individual complaints. What legal issues should the company be worried about? Explain the law in full as it relates to the complaints from your termination letter.Recommend to the company whether or not it could properly dismiss Max for just cause for each of the three complaints.

a. Foroneof the three complaints,you must use CanLII to find one casesupporting your advice of if there is sufficient cause or not. You must cite the CanLII case and state how it supports your assessment (of cause or not).

2) Advise the company about how much notice it would have to provide if it decided to terminate Max without cause by doing the following:

• Determine Max's notice period as if the ESA applied to the position.
• Second, determine Brian's reasonable notice period using common law. In determining the common law notice you must also provide the company withtwo (2) cases you've discovered from CanLII to justify your assessment. You must cite the CanLII cases and state how they support your assessment of the range for Max's reasonable notice period.