Hunt v. Cimco Ltd., (1976) 2 A.R. 514 (TD)

• Judge: Kirby, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 14, 1976
• Citations: (1976), 2 A.R. 514 (TD)

Hunt v. Cimco Ltd. (1976), 2 A.R. 514 (TD)

MLB headnote and full text

Hunt v. Cimco Ltd.

Indexed As: Hunt v. Cimco Ltd.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Kirby, J.

October 14, 1976.

Summary:

This headnote contains no summary.

Master and Servant - Topic 7502

Dismissal - What constitutes dismissal or discharge - An employee, salesman, at Calgary, Alberta was told that he was being transferred to Winnipeg, Manitoba, but the employer would not make any firm commitment to the employee respecting his salary after the transfer - The employee resigned - The Alberta Supreme Court held that the resignation was forced upon the employee by the employer - The Alberta Supreme Court, Trial Divison, held that the resignation was a result of duress and constituted wrongful dismissal.

Master and Servant - Topic 7704

Dismissal - Damages - Wrongful dismissal - The Alberta Supreme Court, Trial Division, awarded a salesman, who was wrongfully dismissed, $3,500.00 for loss of an annual bonus, in addition to six months salary in lieu of notice.

Master and Servant - Topic 8000

Dismissal without cause - Notice - What constitutes reasonable notice - An employee, salesman, was wrongfully dismissed after seven years of satisfactory employment - The employee was paid a salary of $945.00 per month - The Alberta Supreme Court, Trial Division, held that reasonable notice within the circumstances was six months - The Alberta Supreme Court awarded the employee $5,670.00 plus $3,500.00 for lost annual bonus.

Cases Noticed:

Bardal v. Globe & Mail (1960), 24 D.L.R.(2d) 140, folld. [para. 6].

Gillespie et al. v. Bulkley, [1973] 6 W.W.R. 551, folld. [para. 8].

Counsel:

D.B. MacNamara, for the plaintiff;

D.A. Graham, for the defendant.

The judgment of the Trial Division of the Alberta Supreme Court was delivered at Calgary, Alberta, on October 14, 1976.