Reference no: EM132887568

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.

a. Under Ontario's employment standards legislation, how many weeks' notice, or pay in lieu of notice, is owing to someone with Robert's length of service who is terminated?

b. Is it possible that Suzanne's restaurant could be liable to Robert for statutory severance pay in these circumstances? Explain your answer.

c. In your opinion, is it likely that a court would find that Suzanne had just cause under the common law to terminate Robert's employment? Explain your answer.

d. Suzanne wants to avoid a lawsuit, so she decides that she will offer Robert a package. In your opinion, what would be a reasonable offer in these circumstances? Explain your answer by identifying at least three factors that a court takes into consideration in determining the appropriate amount of reasonable notice of termination (or pay in lieu) required under the common law.