Hlewka v. Moosomin Education et al., 2007 SKPC 144

• Judge: Meekma, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: December 06, 2007
• Jurisdiction: Saskatchewan
• Citations: 2007 SKPC 144;(2007), 306 Sask.R. 170 (PC)

Hlewka v. Moosomin Education (2007), 306 Sask.R. 170 (PC)

MLB headnote and full text

Temp. Cite: [2007] Sask.R. TBEd. DE.018

Andrea Hlewka (plaintiff) v. Moosomin Education and Moosomin First Nation (defendants)

(2007 SC No. NB020; 2007 SKPC 144)

Indexed As: Hlewka v. Moosomin Education et al.

Saskatchewan Provincial Court

Meekma, P.C.J.

December 6, 2007.

Summary:

The defendants hired Hlewka as a primary schoolteacher. She was told that she would be provided with a written contract of employment and that she would be eligible for benefits including contributions to the employee pension plan. Neither the written contract nor the contributions were provided. Hlewka resigned and brought an action, alleging constructive dismissal.

The Saskatchewan Provincial Court found that there was no constructive dismissal. Hlewka was entitled to rely on the verbal contract. The defendants were liable for Hlewka's loss due to their breach of the contract term regarding pension plan contributions. Hlewka was awarded damages of $1,218.89, which was the amount of the defendants' share of the contributions that should have been made.

Damage Awards - Topic 1452

Contracts - Employment contracts - Breach of - [See Master and Servant - Topic 7502 ].

Damages - Topic 6742

Contracts - Employment relationship or contract - Breach by employer - Loss of benefits - General - [See Master and Servant - Topic 7502 ].

Master and Servant - Topic 2204

Breach of contract - General - Fundamental breach - [See Master and Servant - Topic 7502 ].

Master and Servant - Topic 2264

Breach of contract - Repudiation by employer or employee - What constitutes repudiation - [See Master and Servant - Topic 7502 ].

Master and Servant - Topic 2605

Duties of master - General - Employment benefits - [See Master and Servant - Topic 7502 ].

Master and Servant - Topic 7502

Dismissal or discipline of employees - General principles - What constitutes dismissal or discharge (incl. constructive dismissal) - The defendants hired Hlewka as a primary schoolteacher - She was told that she would be provided with a written contract of employment and that she would be eligible for benefits including contributions to the employee pension plan - Neither the written contract nor the contributions were provided - Hlewka resigned and brought an action, alleging constructive dismissal - The Saskatchewan Provincial Court found that there was no constructive dismissal - Although the failure to make the required contributions was due to the defendants' neglect, the loss was compensable in damages and was not so significant as to be a fundamental breach and repudiation of the contract of employment - Further, the failure to provide a written contract did not vary the contract nor support a finding of fundamental breach - Hlewka was still entitled to rely on the verbal contract - The defendants were liable for Hlewka's loss due to their breach of the contract term regarding pension plan contributions - Hlewka was awarded damages of $1,218.89, which was the amount of the defendants' share of the contributions that should have been made.

Cases Noticed:

Bell v. Intertan Canada Ltd. et al., [2002] Sask.R. Uned. 190; 2002 SKQB 446, refd to. [para. 6].

Farber v. Compagnie Trust Royal, [1997] 1 S.C.R. 846; 210 N.R. 161, refd to. [para. 6].

Ulmer Chevrolet Oldsmobile Cadillac Ltd. v. Kowerchuk, 2005 SKPC 18, refd to. [para. 8].

Otto and Comin v. Hamilton & Olsen Surveys Ltd. (1993), 145 A.R. 44; 55 W.A.C. 44 (C.A.), refd to. [para. 10].

Counsel:

Self, for the plaintiff;

J. Danyliw, for the defendants.

This action was heard at North Battleford, Saskatchewan, by Meekma, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on December 6, 2007.