Topic

Memorandum of Law (Bilbo Bargins of Shire V ORC Industries Corp)

Instructions

Facts for This Case

Bilbo Baggins of the Shire, Saskatchewan joined Orc Industries Corp. on December 25, 2016. He was 31 years old when he was hired to assist with the construction of a foundry where metal helmets would be made near Middle Earth, Ontario. Bilbo had been running a similar operation in Shire, Saskatchewan but left on the assurance that Orc Industries Corp. was a viable business. By April of 2017, Bilbo had succeeded in lining up a general contractor and subcontractors, as well as design specialists, to build the new foundry. He had negotiated a collective agreement with a union that would supply the construction workers. He negotiated another collective agreement with another union for the prospective employees who would work at the foundry.

In May 2017, Orc Industries Corp. fired Bilbo accusing him of dishonesty and coming to work drunk. There was no evidence of Bilbo coming to work drunk except for an empty bottle of Shire Whiskey was found buried in a cabinet in his office.

Can Bilbo successfully sue for wrongful dismissal? Why or why not? If he can successfully sue for wrongful dismissal, what would be reasonable notice in his situation? What factors would the courts consider in awarding a period of notice to Bilbo if he were to be successful? What would the likely outcome be?

Your Assignment

When doing the assignment, envision that you are a young lawyer and the fact scenario represents a case that has come to your office. A senior lawyer has asked you to write a memorandum of law. In that memorandum of law you are expected to be able to do the following:

Identify the relevant parties or players in the fact scenario.
Identify the relevant legal areas, principles and concepts that apply to the fact scenario.
Explain why and how the relevant legal areas, principles and concepts apply to the fact scenario.
Provide a likely outcome of how this fact scenario would be resolved by a Court or Judge. State your reasons why by applying the relevant legal areas, principles and concepts. For example, which party should be successful, the plaintiff (the party suing), or the defendant (the party defending or responding to the plaintiff’s law suit?
Do not regurgitate the facts.

Answer preview

The parties in this case are Bilbo Bargins of Shire and ORC Industries Corp, where Bilbo is the aggrieved party considering that he was wrongfully dismissed from his place of work, after his employer accused him of serious misconduct. However, there was no evidence to indicate that Bilbo was dishonest or even came to work drunk. It is said that a minor mistake by a worker is not adequate to justly dismiss such an employee; nonetheless, cumulative effect of several minor infractions is sufficient to justly dismiss an employee. In this case, there is no indication that Bilbo committed any of the said offenses; hence the dismissal by the employer was unwarranted (Weir 60).

Word count: 717