Hoadley v. Manpower Services Ltd., 2005 NSSM 17
|Court:||Small Claims Court of Nova Scotia|
|Case Date:||April 25, 2005|
|Citations:||2005 NSSM 17;(2005), 249 N.S.R.(2d) 5 (SmCl)|
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:  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
April 25, 2005.
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 ].
Lefebvre v. HOJ Industries Ltd.; Machtinger v. HOJ Industries Ltd.,  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].
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.
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