Lane v. Carson Group Inc. 208 N.S.R. (2d) 60, 2002 NSSC 218, [2002] Patrick Lane
ID: 353043 • Letter: L
Question
Lane v. Carson Group Inc. 208 N.S.R. (2d) 60, 2002 NSSC 218, [2002] Patrick Lane had worked as a salesman for Carson Group Inc. for 25 years; he had a territory covering all of the Atlantic Provinces. Some adjustments had been made over the years, but all with consultation and his consent. In 2000, a new sales manager first refused to pay for Mr. Lane's travel expenses that had been paid in the past and then reduced his assigned territory substantially by assigning Newfoundland and Cape Breton to another salesperson. That represented 25 to 30 percent of his income. In response to these actions by the new sales manager, Mr. Lane resigned. He then brought this action for wrongful dismissal. Question.: Explain the basis for his action and the likelihood of success and, if successful, what remedy he should obtain. How would it affect your answer to know that the original employment contract provided that he would be entitled to only 2 weeks' notice upon termination.Explanation / Answer
The basis for Mr. Lane's actions as per the case study is that the new sales manager took adverse actions against him with no proper reason behind it. Even a wrongful dismissal has some basis on which it is done but here the manager took steps that lowered Mr. Lane's position as well as income based on no proper reasons. Hence there is full chances of Mr. Lane's success.
If successful he should obtain the remedy that he will get the travel expenses he was due for immediately and will be assigned with the territories that were taken away from him without any reasons given or his consent. Though after that with proper reasons given and his consultation and consent the changes in his work profile can be brought.
My answer will not be effected to know the notice period of his termination because all these actions were taken without giving him any notice for termination and he was very much into the employement under the company. Hence these actions cannot be related to the terminating him. Termination requires proper notice to be given by the employer and cannot be forced on him through indirect means.
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