To determine if Bilbo can successful sue for wrongful dismissal, we need to see if Orc Corp. had just cause in terminating Bilbo. When there is just cause, Orc Corp. can terminate Bilbo if he has breached a fundamental term to the employment contract. To prove just cause, Orc Corp must prove one or more of the following: Serious Misconduct, habitual neglect of duty, incompetence, conduct incompatible with duties or willful disobedience. Based on the case, Bilbo has been succeeding in his duties throughout his time with Orc Corp. Orc Corp. would likely argue that Bilbo had …show more content…
Bilbo’s character of employment would entitle him to a longer reasonable notice since higher level jobs are more difficult to find. Bilbo’s age, length of service or similar employment opportunities would not entitle Bilbo to additional notice. Typically, younger people with less year of service to an organization with opportunities for the same job elsewhere would lower the time an individual will receive as notice. Bilbo had a similar position elsewhere so it is assumed that there are other opportunities for Bilbo’s position.
In conclusion, this employment law case between Bilbo and Orc Corp. will likely lead to a wrongful termination suit that Bilbo will win based on Orc Corp’s inability to prove just cause for Serious Misconduct. Bilbo will receive money based for what a reasonable notice would be calculated with several factors such as the Wallace