Tremblett v. Bartle (Bernard W.) Ltd., (1977) 19 Nfld. & P.E.I.R. 397 (NFTD)

• Judge: Goodridge, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 30, 1977
• Jurisdiction: Newfoundland and Labrador
• Citations: (1977), 19 Nfld. & P.E.I.R. 397 (NFTD)

Tremblett v. Bartle Ltd. (1977), 19 Nfld. & P.E.I.R. 397 (NFTD);

    50 A.P.R. 397

MLB headnote and full text

Tremblett v. Bernard W. Bartle Limited

Indexed As: Tremblett v. Bartle (Bernard W.) Ltd.

Newfoundland Supreme Court

Trial Division

Goodridge, J.

December 30, 1977.

Summary:

This case arose out of the plaintiff's claim against the defendant for damages for wrongful dismissal. The plaintiff, was manager of the defendant's electrical division, was dismissed without notice after 5 years employment on the alleged ground of insubordination. The plaintiff brought an action against the defendant for damages.

The Newfoundland Supreme Court, Trial Division, allowed the plaintiff's action. The Trial Division held that the plaintiff had not been guilty of insubordination and that he was entitled to damages for the failure to give him 9 months notice of dismissal.

Master and Servant - Topic 7554

Dismissal - Grounds - Insubordination - The plaintiff, who was manager of the defendant company's electrical division, dismissed an employee after consultations with the de facto manager of the defendant and the Employers' Labour Relations Association, of which the defendant was a member - When a Labour dispute arose over the dismissal, the founder of the defendant, whom the plaintiff thought was merely the manager of another division of the defendant, reinstated the employee - In an argument over the reinstatement with the founder the plaintiff angrily threatened to re-dismiss the employee, but after talking to the manager, who was the son of the founder, he accepted the situation - The plaintiff was dismissed for insubordination - The Newfoundland Supreme Court, Trial Division allowed the plaintiff's action for wrongful dismissal and held that the plaintiff had not been insubordinate - The Trial Division held that the plaintiff did not in fact disobey the founder, even if he had, he did not know that the founder was in a position of authority over him - See paragraphs 1 to 52.

Master and Servant - Topic 8000

Dismissal without cause - Notice - What constitutes reasonable notice - The plaintiff manager of a company's electrical division was wrongfully dismissed without notice after 5 years employment - The prospects of the plaintiff finding employment in the locality either as a manager or as an electrician, were poor - The Newfoundland Supreme Court, Trial Division held that the plaintiff was entitled to nine (9) months notice of dismissal - See paragraphs 53 to 70.

Cases Noticed:

Winsor v. The Town of Stephenville (1977), 12 Nfld. & P.E.I.R. 302; 25 A.P.R. 302, appld. [para. 41].

Bardal v. The Globe and Mail Limited (1960), 24 D.L.R.(2d) 140, consd. [para. 54].

Robinson v. Canadian Acceptance Corporation Limited (1974), 47 D.L.R.(3d) 417, consd. [para. 55].

Baker v. Burn's Foods Limited (1977), 74 D.L.R.(3d) 762, consd. [para. 56].

Rivest v. Canfarge Limited, [1977] 4 W.W.R. 515, consd. [para. 57].

Rogerson v. MacLellan Limited (1977), 12 Nfld. & P.E.I.R. 48; 25 A.P.R. 48, consd. [para. 58].

Olson v. Motor Coach Industries, [1977] 4 W.W.R. consd. [para. 59].

O'Donovan v. Burn's Foods Limited, [1975] W.W.R. 3, 61 D.L.R.(3d) 766, affirmed [1977] 3 W.W.R. 306, consd. [para. 60].

Colgan v. Blackfoot Motor Inn Limited (1976), 2 A.R. 258, consd. [para. 61].

Chapman v. Zimmcor Company (1974), 17 N.S.R.(2d) 452; 19 A.P.R. 452, consd. [para. 62].

Burton v. MacMillan Bloedell Limited, [1956] 4 W.W.R. 267, consd. [para. 63].

Counsel:

Denis Roberts, for the plaintiff;

John Locke, for the defendant.

This case was heard on October 22, 1977, before GOODRIDGE, J., of the Newfoundland Supreme Court, Trial Division.

On December 30, 1977, GOODRIDGE, J., delivered the following judgment: