Subject: Business / General Business
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.)List the factors in the fact situation above that favor a finding of just cause under the common law (2 points).
List the factors in the fact situation above that do not favor a finding of just cause under the common law (2 points).
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 reasons (3 points).
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 and providing your analysis of at least three factors relevant to this case 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 (3 points).