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LAW 529: Chapter 15 MIDTERM PRACTICE.doc

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Ryerson University
Law and Business
LAW 529
Pnina Alon- Shenker

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. True/False 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
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