Court Grants Summary Judgment in Employment Dispute

Andrew Ottaway, B.A. (Hons.), LL.B.Civil Litigation, Contract Disputes, Employment, Employment & Wrongful Dismissal, Summary Judgment, Wrongful Dismissal0 Comments

In Gregory Smith v. Diversity Technologies Corporation, the Plaintiff employee was terminated by the Defendant company for cause.  The Defendant stated that the Plaintiff had made a sale to a customer despite being specifically instructed not to do so, and that the order disrupted the Defendant’s production process.  The Plaintiff denied that he had been instructed not to sell to the customer.

The Defendant argued that a Trial was necessary to resolve the credibility issues.  The Judge disagreed, and, following the Supreme Court’s recent decision in Hyrniak v. Mauldin, stated that there was sufficient documentary evidence to allow the court to carry out a fair and just adjudication of the dispute.

The Judge stated that she would consider the Defendant’s case “at its highest and best”, and set aside the credibility issues.  She stated that even if the Plaintiff had disregarded the Defendant’s instructions not to sell to the customer, it was the Plaintiff’s first mistake in 20 “impeccable” years of employment.  The Judge stated that the Defendant should have met with the Plaintiff and provided him with a written warning, rather than terminating him.  The Judge found that the Defendant did not have cause to terminate the Plaintiff.  She awarded the Plaintiff 12 months notice, as required under the Plaintiff’s employment contract.

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About the Author
Andrew Ottaway, B.A. (Hons.), LL.B.

Andrew Ottaway, B.A. (Hons.), LL.B.

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