Alexander v. Padinox Inc., (1999) 175 Nfld. & P.E.I.R. 58 (PEITD)

• Judge: DesRoches, J.
• Case Date: March 15, 1999
• Jurisdiction: Prince Edward Island
• Citations: (1999), 175 Nfld. & P.E.I.R. 58 (PEITD)

Alexander v. Padinox Inc. (1999), 175 Nfld. & P.E.I.R. 58 (PEITD);

    537 A.P.R. 58

MLB headnote and full text

Temp. Cite: [1999] Nfld. & P.E.I.R. TBEd. MR.030

George Alexander (plaintiff) v. Padinox Inc. (defendant)

(GSC-16578)

Indexed As: Alexander v. Padinox Inc.

Prince Edward Island Supreme Court

Trial Division

DesRoches, J.

March 15, 1999.

Summary:

The plaintiff was hired by the defendant manufacturer as an operations production supervisor. The contract provided for a one year probationary period, during which time the defendant had the discretion to confirm or reject the plaintiff. The plaintiff was dismissed 7.5 months into the one year probationary period. The plaintiff sued for damages for wrongful dismissal.

The Prince Edward Island Supreme Court, Trial Division, dismissed the action without relying on the strict terms of the probation­ary contract and without the necessity of determining the present law respecting dis­missal of probationary employees. The defendant had cause to dismiss the plaintiff. The plaintiff was given a reasonable period to demonstrate his suitability, which he failed to do.

Master and Servant - Topic 7515

Dismissal of employees - General prin­ciples - Probationary employees - The plaintiff was hired by the defendant manu­facturer as an operations production super­visor - The plaintiff was not induced or enticed to accept the position - The con­tract provided for a one year probationary period, during which time the defendant had the discretion to confirm or reject the plaintiff - The plaintiff was dismissed 7.5 months into the one year probationary period - The plaintiff sued for damages for wrongful dismissal - The Prince Edward Island Supreme Court, Trial Division, dismissed the action without relying on the strict terms of the probationary contract and without the necessity of determining the present law respecting dismissal of probationary employees - The defendant established cause to dismiss the plaintiff - The plaintiff was given a reasonable period to demonstrate his suitability for the posi­tion, which he failed to do.

Master and Servant - Topic 7584

Dismissal of employees - Grounds - Un­suitability - [See Master and Servant - Topic 7515 ].

Cases Noticed:

Jacmain, Re, [1978] 2 S.C.R. 15; 18 N.R. 361; 81 D.L.R.(3d) 1, refd to. [para. 28].

Markey v. Port Weller Dry Docks Ltd. (1974), 4 O.R.(2d) 12 (Co. Ct.), refd to. [para. 28].

Ritchie v. Intercontinental Packers Ltd. (1982), 14 Sask.R. 206; 2 C.C.E.L. 147 (Q.B.), refd to. [para. 29].

United Electrical, Radio and Machine Workers of America v. Square D. Co. (1955), 6 L.A.C. 289, refd to. [para. 30].

Mitchell v. Ontario (1979), 23 O.R.(2d) 65 (H.C.), refd to. [para. 30].

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police and Ontario (Attorney General), [1979] 1 S.C.R. 311; 23 N.R. 410; 88 D.L.R.(3d) 671; 78 C.L.L.C. 14,181, refd to. [para. 30].

Kirby v. Motor Coach Industries Ltd. (1980), 6 Man.R.(2d) 395 (Co. Ct.), refd to. [para. 30].

Authors and Works Noticed:

Echlin and Certosimo, Just Cause, The Law of Summary Dismissal in Canada, p. 5-6 [para. 32].

Counsel:

James W. Macnutt, Q.C., for the plaintiff;

Sean J. Casey, for the defendant.

This action was heard on January 25-26, 1999, at Charlottetown, P.E.I., before Des­Roches, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judgment on March 15, 1999.