law

answer within 30min 10likes will be given

his case involves Lana, a 27-year-old mother of four, who is enrolled in the BBA ccounting program. Lana has also been working as a server at the Portofino iestaurant located in Nanaimo. One day, Lana's manager saw her giving a small plate if spaghetti to an individual who was houseless and sleeping outside the restaurant. When the manager of the restaurant confronted her about it, Lana readily admitted io giving the plate of spaghetti away without paying for it. Lana was aware that this was against Portofino's written rule which stated that "as Portofino Restaurant is a for-profit restaurant, employees are not permitted to give away free food". This rule was printed and framed and hung in the restaurant's kitchen. In her chfence, Lana stated that she knew the policy but she had thought that her conduct would have been okay in any event. When the manager pressed on how her conduct was, effectively theft, Lana objected saying that it shouldn't be a big deal because over her six years of work at the restaurant she had regularly seen employees and the restaurant manager give food away to customers or their friends. The manager began getting upset and said that what Lana thought didn't matter, she's an employee and should set a proper example. Getting angry, Lana than opened her phone and etransferred $18.00 to the manager's email (being the monetary value of a plate of spaghetti). She then said, "here you go, now we're all square". Following her protest, the manager terminated Lana for cause and told her to go home. Could the employer dismiss Lana for just cause? Fully explain and apply the legal test to determine if a just cause dismissal would be valid. ( 8 marks)