Question
The employee, Mr. Morison, worked for the employer as a regional manager. In 2004, the employee was hired (alleged by the employer) as an independent
The employee, Mr. Morison, worked for the employer as a regional manager.
In 2004, the employee was hired (alleged by the employer) as an independent contractor, and in 2006, he became
recognized as an employee.
Per the employee, he was a top salesperson, unaware of any issue relating to his employment until October 2012
On October 22, 2012, the employee was informed that his employment was terminated. He was offered five months'
notice, including one month of working notice, and given a dismissal letter informing him that the employer had just
cause to terminate him.
The employee claimed that the employer did not act fairly and that there was no basis to allege just cause. Per the
employee, the allegations of cause were made in bad faith to facilitate a more favourable settlement.
The employer disputed the bad faith allegations, arguing that it had a bona fide belief of cause relating to an alleged
mismanaged account, failing to properly market a line of products, and difficulties with the employee cooperating with
a superior.
The following issues were raised in the case:
Was Mr. Morison at all times an 'employee'?
How much notice was the employee entitled to?
Was the employee entitled to aggravated and/or punitive damages?
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