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.
To continue reading
Request your trial-
Bellini v. Ausenco Engineering Alberta Inc., (2016) 377 N.S.R.(2d) 107 (SC)
...of section 6 provided. [19] For its own part, Ausenco relies on the Small Claims Court decision in Hoadley v. Manpower Services Ltd. , 2005 NSSM 17, [2005] N.S.J. No. 605, where the contract provided for notice "as is required by applicable Statute or pay in lieu thereof, and without furthe......
-
Bellini v. Ausenco Engineering Alberta Inc., (2016) 377 N.S.R.(2d) 107 (SC)
...of section 6 provided. [19] For its own part, Ausenco relies on the Small Claims Court decision in Hoadley v. Manpower Services Ltd. , 2005 NSSM 17, [2005] N.S.J. No. 605, where the contract provided for notice "as is required by applicable Statute or pay in lieu thereof, and without furthe......