Caissie v. Family and Children's Services of Yarmouth County, (1999) 175 N.S.R.(2d) 317 (SC)

• Judge: Haliburton, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 16, 1998
• Jurisdiction: Nova Scotia
• Citations: (1999), 175 N.S.R.(2d) 317 (SC)

Caissie v. CFS (1999), 175 N.S.R.(2d) 317 (SC);

    534 A.P.R. 317

MLB headnote and full text

Temp. Cite: [1999] N.S.R.(2d) TBEd. MY.043

Ronald J. Caissie (plaintiff) v. Family and Children's Services of Yarmouth County (defendant)

(S.Y. No. 4693)

Indexed As: Caissie v. Family and Children's Services of Yarmouth County

Nova Scotia Supreme Court

Haliburton, J.

January 28, 1999.

Summary:

An employee was dismissed after eight months of employment. He had a one year contract of employment. The employer paid four weeks' pay in lieu of notice. The employee sued the employer, claiming dam­ages for wrongful dismissal.

The Nova Scotia Supreme Court held that the employee was a probationary employee, the employer was entitled to terminate the employee's contract and the notice period was appropriate.

Master and Servant - Topic 7515

Dismissal of employees - General prin­ciples - Probationary employees - An employee was dismissed after eight months of employment - He had a one year con­tract of employment - The employer paid four weeks' pay in lieu of notice - The employee sued the employer, claiming damages for wrongful dismissal - The Nova Scotia Supreme Court held, inter alia, that there was just cause for dismiss­ing the probationary employee - The employer satisfied the burden of proof imposed upon it when dismissing a proba­tionary employee - The employer must show that: the probationary employee had reasonable opportunity to demonstrate his suitability for the job; a decision was made that the employee was not suitable; and the decision was based on "an honest, fair and reasonable assessment of the suitability of the employee" taking into account his job skills, performance, character, judgement, compatibility with other employees, relia­bility and future potential - See paragraphs 22 to 40.

Master and Servant - Topic 7552

Dismissal of employees - Grounds - Neglect or failure to discharge duties - [See Master and Servant - Topic 7584 ].

Master and Servant - Topic 7584

Dismissal of employees - Grounds - Un­suitability - An employee was dis­missed after eight months of employment on the basis of not being suitable for his position - He had a one year contract of employ­ment - The employer paid four weeks' pay in lieu of notice - The employee sued the employer, claiming damages for wrongful dismissal - The Nova Scotia Supreme Court held, inter alia, that there was just cause for dismiss­ing the probationary employee - Even if the employee was not probationary the employer was entitled to terminate the contract - This was not a long term employee - An employer was not obli­gated to retain any worker who was not performing their job to a satisfac­tory stan­dard - Subject to an appropriate notice period, the employer was entitled to ter­minate the employee's employment - One month's notice of termination was the appropriate notice period - See paragraphs 41 to 54.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - What constitutes reasonable notice - [See Master and Servant - Topic 7584 ].

Cases Noticed:

Taggart v. K.D.N. Distributing & Ware­housing Ltd. (1997), 160 N.S.R.(2d) 192; 473 A.P.R. 192 (S.C.), refd to. [para. 10].

Johnston v. Survival Systems Ltd. (1997), 164 N.S.R.(2d) 127; 491 A.P.R. 127 (S.C.), refd to. [para. 10].

Lalingo v. A. & A. Jewellers Ltd. (1997), 29 O.T.C. 345 (Gen. Div.), refd to. [para. 10].

Bardal v. Globe & Mail Ltd., [1960] O.W.N. 253; 24 D.L.R.(2d) 140 (H.C.), refd to. [para. 14].

Monk v. Coca Cola Bottling Ltd. (1996), 150 N.S.R.(2d) 192; 436 A.P.R. 192 (S.C.), refd to. [para. 44].

Babcock v. Weickert (C. & R.) Enterprises Ltd. (1993), 126 N.S.R.(2d) 170; 352 A.P.R. 170 (C.A.), refd to. [para. 53].

Authors and Works Noticed:

Levitt, Howard A., The Law of Dismissal in Canada (2nd Ed. 1992), generally [para. 11].

Counsel:

Raymond Jacquard (Pink Macdonald Harding), Yarmouth, Nova Scotia, for the plaintiff;

Gregory Barro (Pink Nickerson Star), Yarmouth, Nova Scotia, for the defen­dant.

This action was heard at Barrington, N.S., on December 16, 1998, and in Yarmouth, Nova Scotia, on December 17, 1998, before Haliburton, J., of the Nova Scotia Supreme Court, who delivered the following judgment on January 28, 1999.