Wayne Beatty v. Canadian Mill Case Study

1514 WordsNov 11, 20137 Pages
Week 11 Case Summary : Wayne Beatty v. Canadian Mill, 2003 BCSC 1053 (CanLII) FACTS Mr. Wayne Beatty, the plaintiff brought a claim against his former employer Canadian Mill Services Association (CMSA), the defendant is suing for wrongful dismissal and contending he is eligible for increased damages due to the way the dismissal was handled. The damages include an additional 13 months’ notice and for the loss of a number of fringe benefits. CMSA is a non-profit forest industry association providing inspection and education services in relation to lumber quality standards in BC’s forest products companies. Mr. Beatty was on the board of directors and held the position of Executive Director responsible for overseeing the…show more content…
Beatty based on Mr. Beatty’s age, length of employment, character of employment and availability of similar employment was entitled to 15 months’ notice. The Courts found that although Mr. Beatty was the Chief Executive Officer, when comparing his position to those of other CEO’s he did not face the same challenges e.g. financial management, industry competition or quality control that many CEO’s in the private sector face. This was not to say that he didn’t have important duties. As well, the Courts looked at his age of 50 and the availability of similar employment. Mr. Beatty had spent his whole career in the forest industry with the past 11 ½ years specializing in a niche segment of the industry. This meant that his transferability of his specialized skills, knowledge and expertise to other senior positions in the industry is very limited. Additional Damages– The Courts felt that the employer owes an obligation of good faith and fair dealing in the way in which it dismisses an employee. They did not condone terminating employees in a callous and insensitive way and showing no regard for well-being when terminating an employee. The plaintiff Mr. Beatty stated that his termination was carried out in a dishonest, unfair and insensitive way even though the termination was “without cause”. He was called to Mr. Lebeter’s office and informed of his dismissal and given his letter of termination. He stated this

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