Ex-employee had no right to early pension while being paid salary continuance: B.C. Supreme Court

|Canadian Employment Law Today

MacGillivray v. Telus Communications Inc., 2004 CarswellBC 2490, 2004 BCSC 1394 (B.C. S.C.).

Robert MacGillivray worked for 30 years for Telus Communications, and one of its predecessor companies, until his employment was terminated in June 2002. In addition to other claims to be resolved at a regular trial, he sought an immediate declaration regarding his pension rights and damages for wrongful dismissal.

MacGillivray had worked his way up the corporate ladder, starting with the company as an installer/repairer in May 1972. At the time of termination he was the sales director of business solutions with 10 sales representatives and a clerk working for him and with the authority to hire and fire the sales reps. The British Columbia Supreme Court assessed his position as being above the level of middle management.