Machtinger v HOJ Industries - Answers Worker's contract stated they were not entitled to any
reasonable notice of termination in contrast to the ESA. HOJ realized error and paid minimum 4
weeks as per ESA. Worker sued for wrongful dismissal and court was in agreement. It stated that
when a term violated the ESA minimum notice, the CL implied term of reasonable notice would take
precedence. This was done because if only sanction was minimum notice, employers would have little
incentive to comply in the first place.
Bardal v Globe and Mail Ltd - Answers A advertising manager was fired after 16 years of service
however there was no term in the contract which outlined what worker was entitled to in terms of
reasonable notice. This was left for courts to determine. They considered factors such as age,
character of employment, length of service, availability of similar jobs and training/skills/qualifications
of workers. These factors are the leading authority in judging the length of notice a worker is entitled
to.
McKinley v BC Tel - Answers Worker did not disclose doctor suggested a med that could help with
health issue and instead asked employer to accommodate. Once employer found out, terminated
contract stating cause. Court used the principle of proportionality which it must be shown that most
likely than not, the dishonesty had occurred and second, if it did occur were the repercussions
proportionate to the level of dishonesty? Ruled that summary dismissal was not warranted + worker
was entitled to reasonable notice + damages. This was contrary to earlier court decisions that found
ANY dishonesty grounds for dismissal.
Queen v Cognos Inc - Answers Accepted new job offer, quit current job and moved cities. Org failed
to disclose that job was contingent on funding that had not yet been disclosed. Contract stated that
worker was entitled to one month's notice. Worker sued for tort of negligent misrepresentation.
Court agreed as it was proven that the information in question was misleading/untrue, that the
omission was negligent, that the worker depended on this information in which the results were
detrimental and there was a duty of care which was contrary to previous decisions in which a duty of
care was a more narrow scope. This became the leading case referenced to in Canadian Law regarding
this tort in the job recruitment process.
R v. Barton upon Irwell - Answers Servant was imprisoned for being disobedient, master requested
servant be released, as they were however ended up back in jail for same issue. Servant argued that
contract was terminated after first imprisonment. Court disagreed stating that it was within master's
power to decide if relationship would continue and that is what the master had decided here. This
case showed that low legal status affected the master/servant laws and how this model treated
servants as subordinate to their masters.
Turner v Mason - Answers Servant was denied time off to visit dying mother however went anyway.
Upon returning servant was terminated. Servant argued in court that they were entitled to notice
however court disagreed stating that there was a breach when the servant failed to obey a lawful
order. Servant was not entitled to reasonable notice. This case highlighted the power imbalance that
was entrenched in the master/servant relationship because of the law.
Rejdak v The Fight Network Inc - Answers Verbal job offer, talked about salary, job title and start
date. Worker accepted the offer but on first day was presented with a written contract which stated
that the worker could be terminated without notice during the probation period. Worker argued that
they were entitled to the implied term of reasonable notice. Court agreed upholding the verbal
agreement and stating that the written contract was not legally enforceable due to the lack of mutual
consideration.
Lloyd v. Imperial Parking - Answers Worker quit after months of verbal abuse and threats to
employment from superior. Sued for constructive dismissal. Courts agreed stating that there was a
breach in the obligation to treat employees with decency, civility and respect. This was one of the first
cases regarding this breach and set precedent.
Farber v Royal Trust - Answers Employer restructured and regional managers job was eliminated but
offered a job that was previously held by manager. Manager refused because they assumed dramatic
pay cut so quit, and sued for constructive dismissal. Reality was that the job would not have resulted
in substantial pay cut. Court agreed stating that precedent had been set that a demotion to a less
prestigious job constituted for constructive dismissal. Court used objective test and determined that
any reasonable person would have taken the same course of action + no way to know that it would