Bilbo Baggins Case

Memorandum

TO: Senior Lawyer

RE: Bilbo Baggins v. Orc. Industries Corp.

ISSUES PRESENTED

Was Baggin’s termination lawful under the principles of wrongful dismissal and just cause?

STATEMENT OF FACTS

Bilbo Baggins, age 31, moved from Saskatchewan and joined Orc Industries corp. in Ontario, with the affirmation it was a viable business. Bilbo successfully accomplished all of required tasks for his position. After discovering an empty liquor bottle in his cabinet the company terminated Bilbo immediately claiming he was intoxicated at work.

DISCUSSION

The Legal area for this case relates to labour relations and issue of wrongful dismissal. An employee can be dismissed without compensation for just cause if it can be proved the employee breached a fundamental term of the employment contract.

Baggins was terminated for just cause from his position at Orc Industries Corp. for dishonesty and coming to work intoxicated. A dismissal for “just cause” allows an employer to dismiss an employee without notice, in effect that the employee has breached a fundamental term of the employment contract (Duplessis, Enman, Gunz, O’byrne, 2011). Whether an employee’s conduct justifies dismissal is a question of fact that requires an assessment of the context and circumstances of the conduct (Duplessis et al., p. 535). However, this situation was not analyzed and examined on the facts that were given. There was no proof or evidence that Baggins came to work intoxicated, the only facts that were produced was an empty bottle of Whiskey found in his cabinet. Orc cannot claim Misconduct disruption of corporate culture, consumption of alcohol/drugs in the workplace. Each situation needs to be analyzed on its facts and examined in relation to whether the conduct was a single act and if the employee had been warned about his conduct (Duplessis et al.). It is evident there is lack of evidence and investigation regarding Orc Industries Corp. accusations; a single act of...