MacKay v. Intertape Polymer Group

MacKay v. Intertape Polymer Group

Because the claimant expressly requested the lay-off, the Employment Handbook's 180-day recall and seniority provisions formed part of the contract and were known and accepted by the claimant, and the claimant made no effort to seek recall within 180 days, the lay-off did not amount to wrongful dismissal and the claim is dismissed.

Citation
2008 NSSM 1
Parties
Claimant: Dennis J. MacKay; Defendant: Intertape Polymer Group
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 January 2008
Procedural Posture
Wrongful Dismissal (employment) Small Claims Court / Final Decision (adjudication)
Outcome
Claim dismissed
Legal Topics
Wrongful Dismissal, Lay Off, Seniority, Reinstatement/recall, Employee Handbook, Contractual Terms
Source Language
English
Employment Law Labour Law Contract Law Wrongful Dismissal Lay Off Seniority Reinstatement/recall Employee Handbook +1 more

Case Brief

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Parties

Dennis J. MacKay

Claimant

Intertape Polymer Group

Defendant

Procedural Posture

Wrongful Dismissal (employment) Small Claims Court / Final Decision (adjudication)

Legal Issues

  1. 1 Whether the employer's lay-off constituted wrongful dismissal
  2. 2 Whether an express or implied contractual right to lay-off existed
  3. 3 Whether the plaintiff's request for lay-off and handbook recall terms precluded a wrongful dismissal claim

Ratio Decidendi

Because the claimant expressly requested the lay-off, the Employment Handbook's 180-day recall and seniority provisions formed part of the contract and were known and accepted by the claimant, and the claimant made no effort to seek recall within 180 days, the lay-off did not amount to wrongful dismissal and the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • No costs to either party