Erica owns a small restaurant. The restaurant's annual payroll is S850,000. Wayne, the restaurant's chef, is...

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Erica owns a small restaurant. The restaurant's annual payroll is S850,000. Wayne, 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. Erica has spoken to Wayne about this issue many times over the years but if anything it is getting worse. Wayne 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. Erica has decided that enough is enough- she is going to terminate Wayne's employment. Wayne 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. Erica needs information as to her obligations when she terminates Wayne both under Ontario's employment standards legislation and wants an explanation as to whether she might be liable to Wayne for statutory severance pay. Erica wants your opinion as to whether it is likely that a court would find that she had just cause under the common law to terminate Wayne's employment and your reasons for your opinion. Erica wants to avoid a lawsuit, so she says she may decide that she will offer Wayne a package and wants to know your opinion and reasons for your opinion as to what would be a reasonable offer. Erica feels very nervous about dismissing Wayne (given his temper) and she would like to avoid having to tell him about it face-to-face. She's thinking of just leaving a message on Wayne's answering machine telling him that his services are no longer required and making the severance offer and wants to know if this is a good idea or not and an explanation for her alternatives to telling him in person. Erica owns a small restaurant. The restaurant's annual payroll is S850,000. Wayne, 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. Erica has spoken to Wayne about this issue many times over the years but if anything it is getting worse. Wayne 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. Erica has decided that enough is enough- she is going to terminate Wayne's employment. Wayne 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. Erica needs information as to her obligations when she terminates Wayne both under Ontario's employment standards legislation and wants an explanation as to whether she might be liable to Wayne for statutory severance pay. Erica wants your opinion as to whether it is likely that a court would find that she had just cause under the common law to terminate Wayne's employment and your reasons for your opinion. Erica wants to avoid a lawsuit, so she says she may decide that she will offer Wayne a package and wants to know your opinion and reasons for your opinion as to what would be a reasonable offer. Erica feels very nervous about dismissing Wayne (given his temper) and she would like to avoid having to tell him about it face-to-face. She's thinking of just leaving a message on Wayne's answering machine telling him that his services are no longer required and making the severance offer and wants to know if this is a good idea or not and an explanation for her alternatives to telling him in person.

Answer rating: 100% (QA)

Ans Under the Employment Standards Act 2000 ESA a persons employment is terminated if the employer dismisses or stops employing an employee including where an employee is no longer employed due to the ... View the full answer