Lane v. Carson Group Inc. 208 N.S.R. (2d) 60, 2002 NSSC 218, [2002] Patrick Lane
ID: 353044 • 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
From the plantiff's perspective this case is directly in favour of the plant is. As the manager does not violate any kind of his organisational powers and does everything according to his powers which were given to him. According to the organisational structure manager has full authority to reduce or cut down the travel expenses of any employee by changing the specific terms in the contract and informing about this to the employee. In this specific case the manager has no liability as he does everything according to his organisational post which he was capable of.
From the defendant's prospective this case is somehow related to the ethical relations inside the organisation. As the employee does not have any kind of power to question. As the employee has selected to be terminated on his phone terms there is no possibility of reverting back and even after the employment contract is only entitled to 2 weeks, overall effectiveness of ethical relationships inside the organisation would definitely affect the overall available scenario but won't affect the final decision as all the decisions are need to be made on the basis of the legal aspects of the specific case.
Defendant is not liable because there is no legal issue involved in the decision making done by the defendant. The defendant is at the post of a manager and has full authority to move employees job profile as well as to cut down the payments done to the Employees by noticing him.
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