Question 2

Jasper Dicks, the newly appointed director of human resources for Dumpster's Storage & Delivery Ltd has been busy with implementing and updating written employment contracts for all Dempter's employees and overseeing the installation of video surveillance system in the warehouse.

The latter project has not been without problems. Shortly after the video system was up and running, an anonymous source informed Jasper that an employee was posting uncomplimentary comments about Jasper and Dempter's on his Facebook page. An investigation revealed that 43-year-old Clint Braums, a traffic control technician who had been with the company for 10 years, had posted that "Jasper Dicks is a fascist!", "Working at Dempster's is like working in a prison camp for the criminally insane", and "Don't apply for a job at Dempster's unless you like having your every move recorded."

When confronted, Clint initially denied posting the comments and blamed his kids but eventually admitted he had done the posting. He became very upset and angry, and screamed at Jasper, "This is a free country and I can say whatever I want on my own time. I will not be monitored all the time by you rabid fascists."

Not wanting the situation to escalate any further, Jasper immediately fired Clint and called security to escort him out of the building.

"You have not heard the last of me!" Clint shouted on his way out.

The gap left by Clint's untimely departure necessitated transferring 58-year old Josie Pickard from her administrative position supervising employees to Clint's operational position. The new position for Josie, who had been with the company for 20 years, was in the same location, required the same qualifications, and was remunerated at the same pay grade.

Believing he had solved the employee problem, Jasper was surprised when Josie did not show up for work. He was even more surprised when he received phone calls from lawyers for both Clint and Josie indicating that they were considering legal action.

(a) Applying the relevant principle of employment law, explain the legal grounds/principles Jasper can validate the firing of Clint. Discuss whether the dismissal is justified.

(b) Applying the relevant principle of employment law, explain whether Josie can consider herself dismissed in her legal action. Discuss the grounds she can base her argument.

(c) Applying the relevant principle of employment law, discuss the remedies that are potentially available to Clint and Josie, assuming their dismissal were not justified.