Pinet v. 3D Datacomm Inc.

Pinet v. 3D Datacomm Inc.

Adjudicator found dismissal was without just cause because employer did not prove established standards, warnings and reasonable time to improve; claimant was not induced beyond ordinary persuasion; applying Bardal factors (short service, age 38, availability of similar employment) one week was inadequate and three weeks’ notice was appropriate. Claimant awarded additional wages, commission, interest and costs totaling $3,925.72.

Citation
2018 NSSM 80
Parties
Claimant: Marc Pinet; Defendant: 3D Datacomm Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 April 2018
Procedural Posture
Wrongful Dismissal (small Claims Court) / Decision
Outcome
Claim allowed in part; judgment for Claimant.
Legal Topics
Wrongful Dismissal, Just Cause, Reasonable Notice, Inducement, Commissions, Prejudgment Interest, Damages, Severance
Source Language
English
Employment Law Labour Law Contract Law Wrongful Dismissal Just Cause Reasonable Notice Inducement Commissions +3 more

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Parties

Marc Pinet

Claimant

3D Datacomm Inc.

Defendant

Procedural Posture

Wrongful Dismissal (small Claims Court) / Decision

Legal Issues

  1. 1 Whether dismissal was for just cause
  2. 2 Whether the employer provided adequate notice or payment in lieu
  3. 3 Whether the claimant is entitled to unpaid commissions

Ratio Decidendi

Adjudicator found dismissal was without just cause because employer did not prove established standards, warnings and reasonable time to improve; claimant was not induced beyond ordinary persuasion; applying Bardal factors (short service, age 38, availability of similar employment) one week was inadequate and three weeks’ notice was appropriate. Claimant awarded additional wages, commission, interest and costs totaling $3,925.72.

Court Disposition

Claim allowed in part; judgment for Claimant.

Orders

  • Award to Claimant (lost wages/commissions): $3505.61 CAD
  • General damages: $100.00 CAD