Answered step by step
Verified Expert Solution
Link Copied!

Question

00
1 Approved Answer

Please help with the following query with proper section applicable Part A Suzanne owns a small restaurant. Robert, the restaurant's chef, is an excellent cook,

Please help with the following query with proper section applicable

Part A Suzanne owns a small restaurant. Robert, the restaurant's chef, is an excellent cook, but he is very temperamental; he becomes angry and abusive with the other kitchen staff and waiters over the slightest mistake. It has reached the point that many staff members dread working with him. Suzanne has spoken to Robert about this issue many times over the years, but if anything, it is getting worse. Robert simply tells her that he cannot tolerate "incompetence" among the staff and that shouting and yelling at them is just his way of coping with stress. Suzanne has decided that enough is enoughshe is going to terminate Robert's employment. (Robert is 39 years old and has worked for the restaurant for seven and a half years. He earns $1,000 per week, including vacation pay. The restaurant's annual payroll is $850,000.) Answer the following questions related to this fact situation. Cite your statutory/caselaw authority, if applicable.

  1. Under Ontario's employment standards legislation, how many weeks' notice, or pay in lieu of notice, is owing to someone with Robert's length of service when terminated?
  2. Is it possible that Suzanne's restaurant could be liable to Robert for statutory severance pay in these circumstances? Explain your answer.
  3. In your opinion, is it likely that a court would find that Suzanne had just cause under the common law to terminate Robert's employment? Explain your answer.
  4. Suzanne wants to avoid a lawsuit, so she decides that she will offer Robert a package. In your opinion, what would be a reasonable offer in these circumstances? Explain your answer by identifying at least three factors that a court takes into consideration in determining the appropriate amount of reasonable notice of termination (or pay in lieu) required under the common law.
  5. Assume that Robert has filed a lawsuit. Suzanne alleges that Robert did not mitigate his damages. What does Suzanne need to prove when alleging that Robert failed to adequately mitigate his damages?

Part B

Jason, a university student, was hired as a part-time sales clerk in a retail store on October 26, 2014. His spouse is ill and needs Jason to drive him to the hospital for an important medical procedure. Jason wants to know the following:

  1. If he is entitled to take a leave in these circumstances under Ontario's employment standards legislation. Explain your answer and cite your statutory/caselaw authority, if applicable.
  2. If he is entitled, is he entitled under Ontario's employment standards legislation to be paid by the employer for this time off work? Explain your answer and cite your statutory/caselaw authority, if applicable.
  3. Assume that Jason was entitled but his employer denied him the leave. Jason then filed a complaint against his employer. As soon as his employer found out about the complaint, he told Jason to get his belongings and leave the premises. Does Jason's employer have the right to do this act, and who bears the onus of proof? Explain your answer and cite your statutory/caselaw authority, if applicable.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Statistics Principles And Methods

Authors: Richard A. Johnson, Gouri K. Bhattacharyya

7th Edition

8126557745, 470904119, 978-0470904114

Students also viewed these Law questions

Question

Describe effectiveness of reading at night?

Answered: 1 week ago

Question

find all matrices A (a) A = 13 (b) A + A = 213

Answered: 1 week ago