Good business move, bad legal strategy

Saskatchewan pilot fired in pre-emptive move after he expressed frustration over low wages
|Canadian Employment Law Today

There is a big difference between what makes good business sense and what makes good legal sense. Justice R. Smith of the Saskatchewan Court of Queen’s Bench pointed this out recently in a decision involving Crystal Lodge, a hunting and fishing lodge in the northern part of the province.

Theodore Diachinsky was the chief pilot and operations manager at the lodge. He claimed he was wrongfully dismissed in May 2002. The company, however, took the position that he had resigned or, alternatively, that his conduct provided it with cause for dismissal.

The owners of the lodge had been operating the air taxi service since 1998. Each year between 1998 and 2001, they hired Diachinsky to be the chief pilot and operations manager.