LAW 529: Sample Midterm Question based on Question 9 in Chapter 15
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 members of staff 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
enough — she 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.
1. Under Ontario’s employment standards legislation, Suzanne must give Robert:
A) 7.5 weeks’ notice or pay in lieu of notice and statutory severance pay.
B) 7 weeks’ notice or pay in lieu of notice and statutory severance pay.
C) Only 7 weeks’ notice or pay in lieu of notice.
D) Only 7.5 weeks’ notice or pay in lieu of notice.
E) Only 8 weeks’ notice or pay in lieu of notice.
2. Based on the facts provided above it is likely that a court would find that Suzanne had just
cause under common law to terminate Robert’s contract of employment.
Explain your answer
- Suzanne had a reasonable cause to terminate Robert's employment as she had spoken to Robert
about his anger issues in the past. Robert should have been more cautious of his actions. She had a
just cause to terminate due to Robert's negligent misconduct of not controlling his anger
- It falls under just cause because warnings were given prior and the employee showed patterns of
continued behavior thus it is can be justified...the behavior has to continue despite warning to fall to
establish just cause