Gillman v. Saan Stores Ltd., (1992) 132 A.R. 144 (QB)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 12, 1992
• Citations: (1992), 132 A.R. 144 (QB)

Gillman v. Saan Stores Ltd. (1992), 132 A.R. 144 (QB)

MLB headnote and full text

Kevin Gillman (plaintiff) v. Saan Stores Ltd. (defendant)

(Action No. 9103 074444)

Indexed As: Gillman v. Saan Stores Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Miller, A.C.J.

November 12, 1992.

Summary:

The plaintiff sued the defendant for dam­ages for wrongful dismissal.

The Alberta Court of Queen's Bench allowed the action and assessed damages accordingly.

Damages - Topic 1326

Punitive damages - Wrongful dismissal - The plaintiff, aged 32, was store manager for a retail family clothing chain for four years - The plaintiff was fired without notice when the employer formed the belief that the plaintiff had assisted an employee to make a fraudulent claim for sick leave for a day on which the employee baby-sat for the plaintiff - Fur­ther the plaintiff allegedly breached the employer's trust by having employees baby-sit for him -The Alberta Court of Queen's Bench held that the plaintiff was dismissed without just cause, but refused to award punitive damages - See para­graphs 36 to 38.

Damages - Topic 6705

Contracts - Employment contracts - Re­coverable damages - [See Master and Servant - Topic 8069 ].

Master and Servant - Topic 7904

Dismissal without cause - Circumstances when dismissal not justified - The plain­tiff, aged 32, was store manager for a retail family clothing chain for four years - The plaintiff was fired without notice when the employer formed the belief that the plaintiff had assisted an employee to make a fraudulent claim for sick leave for a day on which the employee baby-sat for the plaintiff - Further the plaintiff alleged­ly breached the employer's trust by having employees baby-sit for him - The Alberta Court of Queen's Bench held that the plaintiff was dismissed without just cause - See paragraphs 1 to 31.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dis­missal - Reasonable notice - What consti­tutes - The plaintiff, aged 32, was store manager for a retail family clothing chain for four years -The plaintiff was fired with­out notice when the employer formed the belief that the plaintiff had assisted an employee to make a fraudulent claim for sick leave for a day on which the employee baby-sat for the plaintiff - Fur­ther the plaintiff allegedly breached the employer's trust by having employees baby-sit for him - The Alberta Court of Queen's Bench held that the plaintiff was dismissed without just cause - The court set a reasonable notice period of four months plus an additional two months because of the employer's conduct - See paragraphs 1 to 35.

Master and Servant - Topic 8069

Dismissal without cause - Damages - Expenses seeking new employment - A wrongfully dismissed employee was not given a reference by his former employer - He went to an employment agency for help in finding a job where his dismissal could not be explained to prospective employers because of the lack of a refer­ence - He paid a fee of $3,183 to the employment agency - In his wrongful dismissal suit, he sued to recover the agency fee from his former employer - The Alberta Court of Queen's Bench held that the fee was recoverable - See para­graphs 39 to 40.

Cases Noticed:

Warren v. Super Drug Marts Ltd. (1965), 53 W.W.R.(N.S.) 25 (Sask.), refd to. [para. 24].

Homer v. Rocca (1988), 20 C.C.E.L. 287 (N.B.C.A.), refd to. [para. 25].

Snider v. New Brunswick Telephone Co. (1986), 69 N.B.R.(2d) 8; 177 A.P.R. 8 (T.D.), dist. [para. 26].

Durand v. Quaker Oats Ltd. (1990), 32 C.C.E.L. 67 (B.C.C.A.), dist. [para. 26].

Enns v. Canadian Imperial Bank of Com­merce (1986), 13 C.C.E.L. 25 (B.C.S.C.), refd to. [para. 27].

Groner v. Lake Ontario Portland Cement Co., [1960] O.W.N. 292 (C.A.), refd to. [para. 29].

Bardal v. Globe & Mail, [1960] O.W.N. 253 (H.C.J.), refd to. [para. 32].

Brown v. Sansom Equipment Ltd. (1982), 41 N.B.R.(2d) 707; 107 A.P.R. 707 (T.D.), refd to. [para. 33].

Trask v. Terra Nova Motors Ltd. (1991), 89 Nfld. & P.E.I.R. 130; 278 A.P.R. 130 (Nfld. S.C.T.D.), refd to. [para. 34].

Rahemtulla v. Vanfed Credit Union, [1984] 3 W.W.R. 296 (B.C.S.C.), refd to. [paras. 34, 41].

Waddem v. Guaranty Trust Co. of Canada (1987), 76 A.R. 138; 49 Alta. L.R.(2d) 348 (Q.B.), refd to. [para. 35].

Vorvis v. Insurance Corporation of British Columbia, [1989] 1 S.C.R. 1085; 94 N.R. 321; 58 D.L.R.(4th) 193; [1989] 4 W.W.R. 218; 36 B.C.L.R.(2d) 273; 90 C.L.L.C. 14,035; 25 C.C.E.L. 81, refd to. [para. 36].

Hedeling v. Martin (Ian) Association Ltd. (1984), 4 C.C.E.L. 9 (Ont. S.C.), refd to. [para. 40].

Ribeno v. Canadian Imperial Bank of Commerce (1989), 67 O.R.(2d) 385 (H.C.J.), refd to. [para. 41].

Authors and Works Notice d:

Levitt, Howard, The Law of Dismissal in Canada (1980) [para. 39].

Counsel:

L.S. Kanee, for the plaintiff;

N.J. Pollock, for the defendant.

This case was heard before Miller, A.C.J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following deci­sion on Novem­ber 12, 1992.