Assessing reasonable notice

Inducement to leave secure employment and manner of dismissal are considered factors
|Canadian Employment Law Today

Cyril Kaiser had been employed in the adhesive business in the Maritimes since 1972. In 1995 Mr. Kaiser began working for Adhpro Adhesives.

Mr. Kaiser was approached in 1998 by Robert Proulx, a salesperson with Dural in the adhesives and coating business. Dural was looking to expand its business in the Maritime region with a new salesperson. Mr. Kaiser had been approached because Dural’s marketing manager, Patrick Commander, knew of him. In the initial meeting Mr. Proulx asked if he was interested in becoming a salesperson for Dural, to which Mr. Kaiser responded “I might be.”

Following the initial meeting Mr. Kaiser met with Michael Sales, Dural’s managing director and CEO. Mr. Sales came away from the meeting with the impression that Mr. Kaiser had a good knowledge of the products and customers in the Maritimes. He recognized that Mr. Kaiser did not have the necessary sales experience but he did have knowledge of the industry and contacts. At that meeting Mr. Sales outlined Dural’s sales expectations of its sales staff and the fact that it did not provide cars to its sales staff even though salespeople were to be on the road consistently. Salary was also discussed.