Lalingo v. A. & A. Jewellers Ltd., (1997) 29 O.T.C. 345 (GD)

• Judge: Boyko, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 13, 1997
• Jurisdiction: Ontario
• Citations: (1997), 29 O.T.C. 345 (GD)

Lalingo v. A&A Jewellers Ltd. (1997), 29 O.T.C. 345 (GD)

MLB headnote and full text

Temp. Cite: [1997] O.T.C. TBEd. AP.055

Nick Lalingo (plaintiff) v. A. & A. Jewellers Limited (defendant)

(File No. 36823/95)

Indexed As: Lalingo v. A. & A. Jewellers Ltd.

Ontario Court of Justice

General Division

Boyko, J.

March 21, 1997.

Summary:

Lalingo was recruited for a position with the defendant employer. His employment was terminated after only five to six weeks. He sued for wrongful dismissal. The defendant alleged that Lalingo was a probationary employee.

The Ontario Court (General Division) held that Lalingo was not a probationary employee and that he was dismissed without cause. The court held that Lalingo should have received 4.5 months' notice.

Master and Servant - Topic 7515

Dismissal of employees - General principles - Probationary employees - See paragraphs 12 to 15.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - What constitutes reasonable notice - See paragraphs 16 to 31.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dismissal - Reasonable notice - Considerations affecting - See paragraphs 16 to 31.

Master and Servant - Topic 8003.1

Dismissal without cause - Notice of dismissal - Reasonable notice - Calculation of length of service - See paragraphs 16 to 31.

Cases Noticed:

Johnston v. Merit Clothing Co. et al. (1984), T.L.W. 225-028 (Ont. H.C.), refd to. [para. 13].

Colgan v. Blackfoot Motor Inn Ltd. (1976), 2 A.R. 258 (T.D.), refd to. [para. 14].

Bardal v. Globe & Mail Ltd., [1960] O.W.N. 253; 24 D.L.R.(2d) 140 (H.C.), refd to. [para. 19].

McKay v. Eaton Yale Ltd. et al. (1996), 18 O.T.C. 81; 31 O.R.(3d) 216 (Gen. Div.), refd to. [para. 20].

Skene v. Dearborn Motors Ltd. (1990), 29 C.C.E.L. 107 (B.C.C.A.), dist. [para. 27].

Makhija v. Lakefield Research of Canada Ltd. (1983), 14 C.C.E.L. 131 (Ont. H.C.), affd. (1986), 14 C.C.E.L. xxxi (Ont. C.A.), refd to. [para. 29].

Authors and Works Noticed:

Mole, Ellen, Wrongful Dismissal Practice Manual, generally [para. 13].

Counsel:

A. Riswick, for the plaintiff;

S. Jackson, for the defendant.

This action was heard on February 13, 1997, by Boyko, J., of the Ontario Court (General Division), who released the following judgment on March 21, 1997.