Car salesman loses passion, then position

|Canadian Employment Law Today

Mosey v. Lally Group Ltd. (2002), 111 A.C.W.S. (3d) 947 (Ont. S.C.J.)

The plaintiff, Mosey, sought damages for wrongful dismissal from his former employer, Lally Ford, an automotive dealership. Mosey was hired as a salesman in 1988, and was promoted to sales manager at the end of 1996. In late 1998, Lally told Mosey a different compensation structure would be implemented for 1999. The effect of the new pay scheme would reduce Mosey’s total income, including bonuses, by about $20,000. Although Mosey was not happy about the change in the bonus structure, he did accept it.

In March 1999 a trainer was brought in by Lally to institute a new selling process at the dealership. By June the trainer was dissatisfied with the lack of progress in implementing the new system, and the president of Lally Ford expressed his displeasure to his management staff. Following this meeting Mosey and the president spoke in private and Mosey said that he had lost his passion for the job and was working at 60 per cent of his capacity.