Bilbo Baggins is the plaintiff in this situation if he does sue for wrongful dismissal. The accusations around him provide facts to his situation.
Orc Industries Corp would be classified as the defendants, as they’re the ones sued or charged with a crime. In this case, it’s in regards to wrongful dismissal charges. Which may only be relevant if Bilbo Baggins chooses to sue them for it.
The two main players are mostly representative of if Bilbo Baggins chooses to sue for wrongful dismissal, if he were to simply leave the company without such notice, Bilbo would be someone let go from his company do to accusations, and the company would be the fiery.
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For instance, in terms of termination: “the employer must provide the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive)”(Ontario Ministry of Labour 1).
Also, Wrongful Dismissal charges play a role here. If Bilbo files for wrongful dismissal, he may claim funds relevant to his salary prior to being fired.
Explain why and how the relevant legal areas, principles and concepts apply to the fact …show more content…
The one bottle of whiskey found in his office, may or may not be representative of Bilbo’s drinking habits during work or off it. However, it’s simply not a big enough claim from the employer to assume Bilbo came to work drunk every morning. If a continuous problem was identified by the employer over a period of time, instead of just one bottle which was found, the employers would have better arguments to specify their case of the story.
Furthermore, in regards to Employment standards legislation and wrongful dismissal, Bilbo was not given enough notice prior to being fired. With more than 3 months of working at Orc corporations, Bilbo was fired on the spot in May 2007 for a bottle of whiskey which was found in his desk. This certainly wasn’t reasonable notice as the ESA states that employees are required at least 1 week notice, when having worked at a company for less than a year (Pereira 1).
Both the ESA’s and Wrongful dismissal ideas present relevant concepts that apply to Bilbo’s scenario, as Bilbo wasn’t given enough notice while also being accused of being drunk do to the one object which was found in his office.
On the other hand, Wrongful dismissal Damages can aid Bilbo in earning money due to false claims from his former