Reference no: EM133366628

Question: Benson was hired as a waiter at Ashley's restaurant; he had 15 years of table service experience even though he was just 30 years old. Six months after he began work, Ashley learned that Benson had behaved inappropriately at the restaurant, insulting several customers after he had too much to drink. Ashley called Benson on the telephone and told him he would be fired if he ever drank alcohol at work again. Two months later, there was another incident at work when Benson was rude to customers. Benson was not working at the time and had only stopped by the restaurant to pick up his jacket. Ashley was furious: She dismissed Benson and gave him two weeks' payment in lieu of notice. Benson sued for damages for wrongful dismissal, claiming 12 months' salary. Ashley did not claim that she dismissed Benson for drinking while on duty; in fact, Ashley was not aware of such conduct. She argued that two weeks' notice was all that Benson should receive. However, at the trial, evidence of other employees and patrons of the restaurant established that Benson had been drinking at work on many occasions after Ashley's warning. Discuss with your teammates and answer the following questions: Should Benson's action succeed? Why? Would your answer be different if Ashley had simply demoted Benson to kitchen dishwasher (where he wouldn't see customers) with a reduction in pay?