Hoadley v. Manpower Services Ltd.,

• Jurisdiction: Nova Scotia
• Judge: O'Hara
• Neutral Citation: 2005 NSSM 17
• Date: 25 April 2005
• Court: Small Claims Court of Nova Scotia (Canada)

Hoadley v. Manpower Services Ltd. (2005), 249 N.S.R.(2d) 5 (SmCl);

    792 A.P.R. 5

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. NO.002

Debra Grace Hoadley (claimant) v. Manpower Services Ltd. (defendant)

(Claim No.: SCCH 2369236; 2005 NSSM 17)

Indexed As: Hoadley v. Manpower Services Ltd.

Nova Scotia Small Claims Court

O'Hara, Adjudicator

April 25, 2005.

Summary:

An employee brought a small claims action against her employer for wrongful dismissal.

An Adjudicator of the Nova Scotia Small Claims Court allowed the action.

Master and Servant - Topic 1006

Contract of hiring (employment contract) - General - Validity of - In July 2004, the claimant was hired to work as an "in-hour staffing specialist" for a global staffing firm - She brought a small claims action against the employer for wrongful dismissal after she was terminated on November 30, 2004 - The employer argued that the claimant was not terminated - Rather, her temporary assignment simply ended - Alternatively, the employment contract signed by the claimant limited her to one week's notice - An Adjudicator of the Nova Scotia Small Claims Court allowed the action - The purported contract did not apply to this employment relationship - There was an expectation on both sides that the employment was for an indefinite duration - The employer had a duty to provide reasonable notice of termination, which the adjudicator determined was two months.

Master and Servant - Topic 7502

Dismissal or discipline of employees - General principles - What constitutes dismissal or discharge - [See Master and Servant - Topic 1006 ].

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - What constitutes reasonable notice - [See Master and Servant - Topic 1006 ].

Cases Noticed:

Lefebvre v. HOJ Industries Ltd.; Machtinger v. HOJ Industries Ltd., [1992] 1 S.C.R. 986; 136 N.R. 40; 53 O.A.C. 200, refd to. [para. 23].

Machtinger v. HOJ Industries Ltd. - see Lefebvre v. HOJ Industries Ltd.; Machtinger v. HOJ Industries Ltd.

Ceccol v. Ontario Gymnastic Federation (2001), 149 O.A.C. 315 (C.A.), refd to. [para. 24].

Counsel:

Claimant, self-represented;

Defendant, Barry Kuretzky.

This action was heard before O'Hara, Adjudicator, of the Nova Scotia Small Claims Court, who released the following decision on April 25, 2005.