Golf club not on par in it’s treatment of groundskeeper

|Canadian Employment Law Today

Levy v. Ken-Wo Country Club, 2001 CarswellNS 200 (N.S. S.C.)

At issue in this case was the right of a long-term seasonal employee to reasonable notice upon termination of employment. Orville Levy had been employed by the Ken-Wo Country Club as a full-time groundskeeper from 1975 until 1999. Each year, Levy would work from April until November when he would be laid off until he was recalled to work the following spring.

Levy did not look for other full-time seasonal work while he was laid off, and would collect Employment Insurance during this time. Similarly, Ken-Wo expected that Levy would return to work each season and would simply call him with a few days notice before he started back in April. In January 1999 Levy was told he would not be recalled for work for the spring of 1999. He started an action for damages for wrongful dismissal.