Question: In late August, after a date night at a local casino with his spouse, an assistant fire chief Mr. Bailey was pulled over as he
In late August, after a date night at a local casino with his spouse, an assistant fire chief Mr. Bailey was pulled over as he was driving home by the RCMP. He was caught speeding. When the RCMP officer asked him for his licence, he was told by Mr. Bailey that he was out for a date with his wife and he had been working very hard due to the forest fire season in the area and was tired. The RCMP officer smelled alcohol and asked Mr. Bailey to take a breathalyzer test. Mr. Bailey failed the test. The RCMP took possession of the truck Mr. Bailey was driving and he was given a 90 day ban on driving. Mr. Bailey at the time had been driving an unmarked fire department pickup truck. When his employer the City- found out Mr. Bailey was terminated with cause after they completed a review and verified all facts. Mr. Bailey was an exemplary employee and had never been in trouble with the law. This decision was made by the parties mentioned above despite the Citys fire chief recommending a suspension. Mr. Bailey plans to sue the City.
- What is the main legal issue?
- What is the main legal test/rule of law governing this issue?
- What is an argument for the plaintiff Mr. Bailey?
- What is an argument for the City as the defendant?
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