Fanaken v. Bell, (1984) 4 O.A.C. 76 (DC)

Judge:Smith, J.
Court:Superior Court of Justice of Ontario
Case Date:June 20, 1984
Jurisdiction:Ontario
Citations:(1984), 4 O.A.C. 76 (DC)
 
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Fanaken v. Bell, Temple (1984), 4 O.A.C. 76 (DC)

MLB headnote and full text

Fanaken v. Bell, Temple

Indexed As: Fanaken v. Bell, Temple

Ontario Divisional Court

Smith, J.

June 20, 1984.

Summary:

A lawyer was dismissed on verbal notice from his job with a law firm. The lawyer was given six weeks notice, was allowed to be absent without restrictions during the notice period, and the firm helped him find another job. The lawyer commenced an action for damages against the firm from which he was dismissed, arguing that his employment was terminated without written notice contrary to s. 40 of the Employment Standards Act, R.S.O. 1980, c. 137.

The Ontario Provincial Court (Civil Division) awarded the lawyer $1,580.80. The firm appealed.

The Ontario Divisional Court allowed the appeal, set aside the judgment and dismissed the lawyer's claim.

Master and Servant - Topic 8001

Dismissal without cause - Reasonable notice - Statutory requirements - Effect of - An employee was dismissed on six weeks verbal notice, was allowed to be absent without restrictions during the notice period, and the employer helped the employee to find a new job - The employee claimed for damages, alleging that he was dismissed without written notice contrary to the Employment Standards Act, s. 40 - The Ontario Divisional Court dismissed the claim - The court held that because of s. 4 of the Act, the higher benefit conferred by the employer in this case prevailed over the minimum standard set by s. 40, notwithstanding the lack of written notice - See paragraphs 1 to 12.

Statutes Noticed:

Employment Standards Act, R.S.O. 1980, c. 137, sect. 4 [paras. 1, 4]; sect. 40(1)(c) [para. 3].

Counsel:

Geoffrey Fanaken, for himself;

M.G. Lichty, for the defendant/appellant.

This appeal was heard before Smith, J., of the Ontario Divisional Court, whose decision was released on June 20, 1984:

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