In the present case, the parties concerned are Bilbo Baggins of the Shire vs. Orc Industries Corp. Bilbo can successfully sue Bilbo only if he can prove that the employer Orc Industries wrongfully terminated his services against the provision of the contract signed at the beginning of their engagement. In order to be successful, Bilbo must first prove to the court that an employment contract existed between him and Orc Industries. Further, he must ascertain that he was guaranteed an employment for an agreed fixed period of time and there were conditions that prohibited dismissal on the basis of specified clauses.
In order to be successful in the court, Bilbao will also have to prove to the court that Orc Industries did not issue a reasonable notice in line with the provisions of the Employment Standards Act (ESA). When this is proven, then Bilbao will be entitled to damages arising out of wrongful dismissal from employment. However, in the present case where the employer has claimed that the employee was dishonest and drunk at the place of work, it will require a larger threshold for him to prove his innocence. This raises the issue whether there was just cause in the dismissal of Bilbo from Orc Industries.
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Just cause refers to the term where an employee is fired without providing reasonable notice or payment rather than notice. In this instance, Bilbo only needs to prove that the employer fired him without adequate notice and reasonable cause. Orc claims that Bilbo was dishonest and drunk at work which is an offence that warrants dismissal under the just cause provision. Normally, Orc Industries would only dismiss Bilbo under the dishonesty principle if he disregarded the inherent trust placed upon him by the employer. It is only when this trust is broken that the dismissal of Bilbo will hold and be legal.
However, Bilbo may be successful in his claim against Orc Industries by saying that the accusation of dishonesty does not fall under the just cause and he should therefore not be dismissed. In any case, the Orc has not proven through evidence that Bilbo was dishonest and the bottle of Shire Whisky is not a prima facie proof that he was drunk at the work place. In the past, courts have held that certain acts do not amount to dishonesty and cannot give rise to the dismissal of an employee under the just cause principle. For example, in the case of Geluch v. Rosedale Golf Assn., Ltd.  O.J. No. 2740 (QL) the court held that an employee working at a golf club who took food and wine home did not steal as alleged by the employer. This implies that the onus of proving that the employee in this case Bilbo was dishonest is on Orc Industries. Therefore, Bilbo can sue Orc Industries for wrongful dismissal as the act of dishonesty or being drunk has not been proven by the employer.
In the determination of the case and for the defendant Orc Industries to be found culpable for wrongful dismissal, Bilbo must prove to the court that there was no reasonable notice of termination of the employment. In such an instance, the courts will consider certain factors set in Bardal v. Globe & Mail Ltd.  O.W.N. 253 which looks at the length of service and the nature of their job in so far as the ability of the person to find another job. Once these are proven and the defendant Orc Industries is found to have breached the provisions of the contract, the plaintiff Bilbo will be entitled to damages as may be ordered by the court and other remedies which may include the reinstatement to the employment position.
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