Ahmad v. Procter & Gamble Inc., (1991) 44 O.A.C. 338 (CA)

• Judge: Dubin, C.J.O., Griffiths and Arbour, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: June 01, 1990
• Jurisdiction: Ontario
• Citations: (1991), 44 O.A.C. 338 (CA)

Ahmad v. Procter & Gamble Inc. (1991), 44 O.A.C. 338 (CA)

MLB headnote and full text

Khaja Yousuf Ahmad (plaintiff/appellant) v. Procter & Gamble Inc. (defendant/respondent) (No. 24/88)

Indexed As: Ahmad v. Procter & Gamble Inc.

Ontario Court of Appeal

Dubin, C.J.O., Griffiths and Arbour, JJ.A.

January 10, 1991.

Summary:

The plaintiff sued his former employer for damages for wrongful dismissal. The trial judge held that in the circumstances the four months' notice received by the plaintiff was reasonable. The plaintiff appealed.

The Ontario Court of Appeal dismissed the appeal.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dismissal - Reasonable notice - Considerations affecting - An employee was given four months' notice of termination on December 1, 1983 after 16 years of employment - As early as June 1982 the employer had forewarned the employee of the pending elimination of his job and indicated that any future employment was unlikely - The Ontario Court of Appeal held that in determining whether four months' notice was reasonable in the circumstances, the period of forewarning was correctly considered - The court also held that similarly, an employer's failure to advise employees of the possibility of layoffs was also a factor to be considered in determining the reasonableness of the length of notice.

Cases Noticed:

Bohemier v. Storwal International Inc. (1982), 40 O.R.(2d) 264, varied (1983), 44 O.R.(2d) 361, leave to appeal refused [1984] 1 S.C.R. xiii; 54 N.R. 319, refd to. [para. 19].

Austin et al. v. Iron Ore Co. of Canada (1987), 68 Nfld. & P.E.I.R. 149; 209 A.P.R. 149, refd to. [para. 27].

Harper v. Bank of Montréal (1989), 27 C.C.E.L. 54, refd to. [para. 28].

LeBlanc v. MacLaren Plansearch Ltd. (1984), 52 N.B.R.(2d) 275; 137 A.P.R. 275, affd. (1985), 61 N.B.R.(2d) 1; 158 A.P.R. 1, refd to. [para. 28].

McBride v. W.P. London & Associates Ltd. (1984), 47 O.R.(2d) 333, refd to. [para. 30].

Counsel:

W.R. Maxwell, Q.C., and Michael Powell, for the appellant;

Stephen B. Smart and Irene Christie, for the respondent.

This appeal was heard before Dubin, C.J.O., Griffiths and Arbour, JJ.A., of the Ontario Court of Appeal on June 1, 1990. The decision of the Court of Appeal was delivered by Dubin, C.J.O., and released on January 10, 1991.