Tomer v. New Brunswick Native Indian Women's Council Inc., (1988) 91 N.B.R.(2d) 35 (TD)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 27, 1988
• Jurisdiction: New Brunswick
• Citations: (1988), 91 N.B.R.(2d) 35 (TD)

Tomer v. Indian Women's Council (1988), 91 N.B.R.(2d) 35 (TD);

    91 R.N.-B.(2e) 35; 232 A.P.R. 35

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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George Tomer (plaintiff) v. New Brunswick Native Indian Women's Council Inc. (defendant)

(F/C/486/86)

Indexed As: Tomer v. New Brunswick Native Indian Women's Council Inc.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Stevenson, J.

June 27, 1988.

Summary:

Tomer was hired by the New Brunswick Native Indian Women's Council Inc. Tomer was dismissed after nine months for unsuitability. Tomer sued for damages for wrongful dismissal.

The New Brunswick Court of Queen's Bench dismissed Tomer's action.

Master and Servant - Topic 7515

Dismissal of employees - Probationary employees - The New Brunswick Court of Queen's Bench, Trial Division, referred to the duty of an employer when dismissing an employee at the end of a probationary period - See paragraph 14.

Master and Servant - Topic 7584

Dismissal of employees - Grounds, unsuitability - Tomer was hired as general manager of an enterprise for the production of native Indian crafts - Tomer was released after nine months due to unsuitability (see paragraph 10) - The New Brunswick Court of Queen's Bench, Trial Division, dismissed Tomer's action for damages for wrongful dismissal.

Cases Noticed:

Roy v. B.N.P.P. Regional Police Commission (1986), 72 N.B.R.(2d) 19; 183 A.P.R. 19; 15 C.C.E.L. 167, refd to. [para. 14].

Kirby v. Motor Coach Industries Ltd. (1980), 6 Man.R.(2d) 395, refd to. [para. 14].

Counsel:

George P.L. Filliter, for the plaintiff;

Peter A. Corey, for the defendant.

This case was heard by Stevenson, J., of the New Brunswick Court of Queen's Bench on June 9 and 10, 1988. The decision of Stevenson, J., was delivered on June 27, 1988.