What steps can employers take to reduce the possibility of similar damages? Explain your reasoning.

Discussion 1:Read the Star.com article on wrongful dismissal, link = http://www.thestar.com/business/personal_finance/2014/06/10/145_million_walmart_wrongful_dismissal_award_reduced_to_400000.html

1. Do you agree with the trial court’s assessment of damages ($1.45million) or the appeal court’s assessment ($400,000)?

2. What steps can employers take to reduce the possibility of similar damages? Explain your reasoning.

discussion 2: Review the following scenario and post your response to the questions that follow.

Scenario:

Suzette owns an established, high-end restaurant. Pierre, the Head Chef, is an excellent cook but he is very difficult to work with; he becomes angry and abusive with the other kitchen staff and waiters. It has reached the point that many members of staff dread working with him and are seeking employment elsewhere. Suzette has spoken to Pierre about this issue many times over the years but it is only getting worse. After an especially bad confrontation between Pierre and Lucy (the Kitchen Manager who has worked at the restaurant for ten years), Lucy stormed out screaming “I quit” and she has not come back. Suzette has decided to terminate Pierre’s employment. (Pierre is 39 years old and has worked for the restaurant for seven and a half years).

Discussion Questions:

1. Suzette has been served with a constructive dismissal lawsuit by Lucy. Do you think the court will consider Lucy’s situation to be constructive dismissal? Explain your reasoning.

2. Could Suzette be required to pay any additional damages? Explain your reasoning.

3. If Lucy does terminate Pierre, do you think this would be considered just cause or dismissal without cause? Explain your reasoning.

4. What do think would be reasonable notice for Pierre? Explain your reasoning.

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