Halbrick and Johnson v. Sutherland, Garfield and Waldman, (1981) 14 Man.R.(2d) 418 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: December 03, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 14 Man.R.(2d) 418 (CoCt)

Halbrick v. Sutherland (1981), 14 Man.R.(2d) 418 (CoCt)

MLB headnote and full text

Halbrick, Johnson and Johnson v. Sutherland, Garfield and Waldman

Indexed As: Halbrick and Johnson v. Sutherland, Garfield and Waldman

Manitoba County Court

Barkman, C.C.J.

December 3, 1981.

Summary:

Three former directors and officers of a company brought a claim for wages against the new directors of the company before the Manitoba Labour Board, pursuant to the Payment of Wages Act, S.M. 1975, p. 21. The Board held that the three were entitled to wages. The new directors of the company appealed with respect to two of the claimants.

The Manitoba County Court allowed the appeal.

Please note that a decision involving an appeal by the two claimants against the County Court judgment is reported in (1982), 15 Man.R.(2d) 80.

Master and Servant - Topic 1845

Remuneration - Statutory regulation - Employee - What constitutes - The Manitoba County Court stated that a person employed in a managerial capacity may at the same time be an employee under the provisions of the Payment of Wages Act, S.M. 1975, p. 21, depending on the circumstances of each case - See paragraph 29.

Master and Servant - Topic 1845

Remuneration - Statutory regulation - Employee - What constitutes - Two directors and officers of a company were hired as managers by the company under an employment contract - They became managing directors and, although they reported periodically to an executive committee, were the controlling force of the company - The Manitoba County Court held that they were not employees of the company within the meaning of the Employment Standards Act, R.S.M., 1970, c. E-110, and the Payment of Wages Act, S.M. 1975, c. 21 - See paragraphs 5 to 10; 33.

Cases Noticed:

Lee v. Lee's Air Farming Ltd., [1960] 3 All E.R. 420, not folld. [para. 22].

Stevenson Jordan and Harrison Ltd. v. MacDonald and Evans, [1952] 1 Times L.R. 101, not folld [para. 22].

Lockhart v. Root Enterprises Ltd. (A & W Drive-Inn), [1981] 3 W.W.R. 233; 14 Man.R.(2d) 331, folld. [para. 26].

Re D.J.'s Family Centre Limited; Re Reed and Mitchell (1977), 74 D.L.R.(3d) 468; 23 C.B.R.N.S. 208, folld. [para. 26].

Reynolds v. Norwood School Division No. 8, [1976] 3 W.W.R. 573, folld. [para. 26].

Statutes Noticed:

Payment of Wages Act, S.M. 1975, c. 21; C.C.S.M. c. P-15, sect. 1(c) [para. 15]; sect. 1(d) [para. 15].

Counsel:

D.J. Nelko, for the appellants;

D. Rostin, for the respondents.

This appeal was heard by BARKMAN, C.C.J., of the Manitoba County Court, whose decision was delivered on December 3, 1981.