Conway v. George’s Farm Centre Ltd. (1986), 69 A.R. 82 (QB)
MLB headnote and full text
Conway v. George’s Farm Centre Ltd.
(No. 8401-23405)
Indexed As: Conway v. George’s Farm Centre Ltd.
Alberta Court of Queen’s Bench
Judicial District of Calgary
Virtue, J.
February 5, 1986.
Summary:
Conway worked for a farm implement company for over eight years as a parts salesman. The employer unilaterally drastically reduced Conway’s salary. Conway commenced an action against the employer for damages for wrongful dismissal. The Alberta Court of Queen’s Bench held that Conway was wrongfully dismissed and assessed damages accordingly.
Master and Servant – Topic 7502
Dismissal of employees – Dismissal or discharge – What constitutes – Constructive dismissal – A parts salesman for a farm implement company was paid $850 per month base salary plus a 4% commission on gross sales – His commission averaged $2,910.44 per month – His employer decided to no longer pay a commission but pay a salary of $1,800 per month – The Alberta Court of Queen’s Bench held that the unilateral alteration by the employer of the employee’s salary arrangement constituted a constructive dismissal – See paragraphs 9 to 13.
Master and Servant – Topic 8000
Dismissal without cause – Notice of dismissal – Reasonable notice – What constitutes – Parts salesman – A 34 year old parts salesman was wrongfully dismissed from his job at a farm implement company after eight years’ employment – He was solely responsible for the parts department – Vital member of the business – The Alberta Court of Queen’s Bench held that he was entitled to eight months notice of dismissal – See paragraphs 13 to 23.
Master and Servant – Topic 8003
Dismissal without cause – Reasonable notice – Considerations affecting – The Alberta Court of Queen’s Bench stated that in arriving at reasonable notice, such notice should be reasonable not only from the standpoint of the dismissed employee but from the standpoint of the employer – See paragraph 21.
Cases Noticed:
Beaumier v. Storwal International Inc., 142 D.L.R.(3d) 8, apprvd. [para. 21].
Counsel:
L.A. McCrimmon, for the plaintiff;
R.B. Carlyle, for the defendant.
This case was heard before Virtue, J., of the Alberta Court of Queen’s Bench, who delivered orally the following decision on February 5, 1986:
