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Scenario:
Roberto has been dealing with a lot of personal issues lately which resulted in a poor performance record at his job. He had 8 incidents of inappropriate behaviour documented within the past two years. Specifically, three months ago he was suspended for one day after challenging another employee to a fight in the company parking lot. Last month, he arrived at work drunk and was warned that his employment would be terminated if he did not "sober up and smarten up" immediately. However, last week, he was frustrated with a client and decided to send a very aggressive and threatening email which prompted the client to contact the police. After everyone in the workplace was questioned by police, Roberto was fired. Today, your company was served with a wrongful dismissal claim. Discussion Questions:
1. Do you think Roberto has grounds for a wrongful dismissal claim?
2. What could the employer have done to better protect themselves in this situation?
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