Reference no: EM133499802
Provide your answer to the following questions:
Question 1. Abner, a well-recognized model for a prominent clothes retailer, was convicted of having committed "date-rape" (which did not occur on the job), and he was sentenced to prison for a period of two years after a highly publicized trial. Before his conviction, Abner's face and torso had appeared in a number of photographs he had posed for in a major catalogue, which his employer had to pull from distribution, at a cost of over $100,000 to replace. The employer dismissed him from work.
What grounds, if any, did the employer have to dismiss Abner from work?
In your opinion, would the employer's defence based on these grounds be successful?
Question 2. Brian's employment required him to survey businesses against crimes occurring after hours in a downtown area. His employment contract specified that upon observing crimes about to occur or in progress he was to call the police on his cellphone from the safety of his vehicle. One day Brian saw a thief walking away from a store with a stolen TV. He got out of the car and chased the thief, but the thief retaliated by stabbing Brian. Brian was off work for three weeks as a result of his injuries; in the meantime his employer dismissed him and hired someone else.
What grounds, if any did the employer have to dismiss Brian?
In your opinion, would the Employer's defence based on those grounds be successful?
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