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Action by Plaintiff for Wrongful
Dismissal,
The Plaintiff was employed by the
Defendant as a salesman from March 1976 to June 1984, a period of eight years
and three months. The Plaintiff was dismissed without notice on June 22, 1984,
and given severance pay for a period of eight weeks, amounting to $1,763.61.
The Plaintiff through counsel demanded six month's salary
plus…..
I have considered the written submissions
of counsel for each of the litigants, and the separate books of authorities
supplied. While it is true that the offers and counter-offers hereinbefore
mentioned were all marked "without prejudice", they are admissible as evidence
to prove the existence of an agreement to settle, but the action of the
Defendant in arbitrarily deduction and remitting income tax unilaterally
brought about a situation which deprived the Plaintiff of options otherwise
open to him and varied the proposed terms of settlement to the extent that no
final settlement was achieved. In light of this, I am unable to find any
binding agreement to settle.
There begin no such binding agreement to
settle, and neither provision to dismiss for just cause, not any evidence to
support such dismissal for just cause, it follows in my view that the Plaintiff
was wrongfully dismissed by the Defendant.
The authorities cited vary widely in their
assessment of quantum damages. In this case, I feel it will be equitable to
grant to the Plaintiff damages to the extent of eight month's salary and
average commission, together with holiday pay as claimed. The evidence is that
the Plaintiff was paid $1,300 per month, an average monthly commission of $400,
and a car allowance of $275 per month, totalling $1,975 per month. He is also
entitled in my view to holiday pay of $1,010.40. The total damage award will
therefore be $16,810.40.
From this must be deducted monies already
paid to and on behalf of the Plaintiff, namely:
| Severance Pay |
$1,763.61 |
| Holiday Pay: |
15.16 |
| Commission |
384.04 |
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$2,162.81 |
The net judgment will therefore be
$14,647.59 and the costs of these proceedings. If counsel are unable to agree
upon a calculated of Court Order interest at the rates set out by the Registrar
of this Court, they will have leave to speak to the matter further.
NEW WESTMINSTER, B.C.
MARCH 22, 1988
Comments / Questions?
Mr. Lawrence W. Coulter
Employment Lawyer
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#5 - 21183 88th Avenue
Langley, BC V1M 2G5
Canada
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e-Mail: LCoul59467@aol.com
Phone: (604) 882-5015 |
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