Allum v. Crossroads Enterprises Ltd., (1988) 53 Man.R.(2d) 62 (QB)

JudgeOliphant, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateFebruary 22, 1988
JurisdictionManitoba
Citations(1988), 53 Man.R.(2d) 62 (QB)

Allum v. Crossroads Ent. Ltd. (1988), 53 Man.R.(2d) 62 (QB)

MLB headnote and full text

Scott Allum (plaintiff/respondent) v. Crossroads Enterprises Ltd., carrying on business as the Viscount Gort Motor Hotel (defendant/appellant)

(Suit No. 87-01-25454)

Indexed As: Allum v. Crossroads Enterprises Ltd.

Manitoba Court of Queen's Bench

Winnipeg Centre

Oliphant, J.

February 22, 1988.

Summary:

The plaintiff waiter sued the defendant hotel, his former employer, for the total amount of service charges paid by hotel customers for those private functions at which the waiter worked.

The Manitoba Small Claims Court allowed the waiter's action. The defendant hotel appealed.

The Manitoba Court of Queen's Bench allowed the appeal and dismissed the waiter's action.

Master and Servant - Topic 1002

Contract of hiring (employment contract) - What constitutes - The Manitoba Court of Queen's Bench held that an application for employment was not an employment contract - See paragraph 29.

Master and Servant - Topic 1904

Remuneration - Gratuities - Pooling and distribution of - A hotel added a 10% service charge to the food and liquor bill charged to customers who used the hotel premises for private functions - The service charge was de posited into a pooled fund and divided, according to a formula established by the hotel, among those employees who assisted at the function - This practice was accepted in the hotel and in the trade, although not part of the written employment documents - The Manitoba Court of Queen's Bench approved the scheme as being within the employer's rights.

Cases Noticed:

Shabinsky v. Horwitz et al., 32 D.L.R.(3d) 318 (Ont. H.C.), consd. [para. 22].

Re Windsor Arms Hotel Ltd. and Canadian Food and Associated Services Union, 22 L.A.C.(2d) 321, consd. [para. 26].

Barnes et al. v. Krisbair Tavern Limited, 82 C.L.L.C. 12,935 (Ont. Co. Ct.), consd. [para. 28].

Counsel:

D. Mullord, for the plaintiff;

D.A. Primeau, for the defendant.

This appeal was heard before Oliphant, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, whose decision was delivered on February 22, 1988.

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