Boroditsky v. Romanik, (1981) 13 Man.R.(2d) 394 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 29, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 13 Man.R.(2d) 394 (CoCt)

Boroditsky v. Romanik (1981), 13 Man.R.(2d) 394 (CoCt)

MLB headnote and full text

Boroditsky v. Romanik

Indexed As: Boroditsky v. Romanik

Manitoba County Court

Kennedy, C.C.J.

September 29, 1981.

Summary:

A taxi driver claimed pay in lieu of notice, under the provisions of the Employment Standards Act, R.S.M. 1970, c. E-110. The Manitoba Labour Board dismissed the claim. The taxi driver appealed.

The Manitoba County Court dismissed the appeal.

Master and Servant - Topic 8005

Dismissal without cause - Notice of dismissal - Reasonable notice - Waiver of - The Manitoba Labour Board dismissed a taxi driver's claim for pay in lieu of notice of termination, as required by the Employment Standards Act, R.S.M. 1970, c. E-110 - The Manitoba County Court affirmed the board's decision, because the statutory requirement of notice was waived, pursuant to s. 35(2)(a), where there was a general custom or practice in the taxi industry to terminate without notice - See paragraphs 7 to 10.

Statutes Noticed:

Employment Standards Act, R.S.M. 1970, c. E-110, sect. 35(1) [para. 7]; sect. 35(2)(a) [para. 9]; sect. 35(6) [para. 7].

Counsel:

Both parties appeared on their own behalf.

This appeal was heard before KENNEDY, C.C.J., of the Manitoba County Court, whose decision was delivered on September 29, 1981: