Masyk v. F.A.S. Seafood Producers Ltd., 2003 CarswellBC 2658, 2003 BCSC 1644 (B.C. S.C.)
In 1998 Mitchell Masyk was working as a deckhand on two vessels owned by F.A.S. Seafood Producers Ltd., operating out of Victoria. Altogether he had gone on 10 fishing trips for the firm.
Masyk said he was told by the company’s president that after his last voyage there would be a position on a more lucrative vessel, the Ocean Pearl, in early 1999.
He said he relied on that promise and waited five months for the voyage, at which time he found out the boat had sailed. He sued for wrongful dismissal.
F.A.S. said Masyk was an independent contractor and he knew the best way to secure his next job but made no genuine effort to seek work on another vessel.
The court agreed that Masyk was not an employee but an independent contractor. As such, continuous employment was not assured with each voyage representing a separate contract for service.
The court found that because Masyk was a free agent, reasonable notice was not required before each potential voyage.
He should have followed up on the Ocean Pearl promise by verifying it with the ship’s skipper or the company again.
The wrongful dismissal action was dismissed.
In 1998 Mitchell Masyk was working as a deckhand on two vessels owned by F.A.S. Seafood Producers Ltd., operating out of Victoria. Altogether he had gone on 10 fishing trips for the firm.
Masyk said he was told by the company’s president that after his last voyage there would be a position on a more lucrative vessel, the Ocean Pearl, in early 1999.
He said he relied on that promise and waited five months for the voyage, at which time he found out the boat had sailed. He sued for wrongful dismissal.
F.A.S. said Masyk was an independent contractor and he knew the best way to secure his next job but made no genuine effort to seek work on another vessel.
The court agreed that Masyk was not an employee but an independent contractor. As such, continuous employment was not assured with each voyage representing a separate contract for service.
The court found that because Masyk was a free agent, reasonable notice was not required before each potential voyage.
He should have followed up on the Ocean Pearl promise by verifying it with the ship’s skipper or the company again.
The wrongful dismissal action was dismissed.
