Timmy was a driver with Speedy Delivery. He loved his job, loved being on the road, being his own boss.

It's now two years later. Timmy's performance on the job has become erratic. Sometimes he does all the deliveries, some days not. Timmy's manager, Bart, has had a conversation with him about his performance at his last appraisal in June. He still rated him Satisfactory but was very clear with Timmy that he would get no further breaks.

It's now early December. Bart wants to do something about Timmy but he feels with the holidays coming up, maybe it's not a good time to be really tough with Timmy.

a. Based on this scenario what would you advise Bart to do now? (1 mark)

b. What would have been your advice in June? (2 marks)

c. If Bart fires Timmy now, and Timmy sues for wrongful dismissal, do you think Timmy would win? Why or why not? (2 marks)