Evidence contradictory

|Canadian Employment Law Today

When Patrick Foy and his wife, Ellen Foy, were dismissed from their positions with Rothwell Foods Ltd., they brought an action for wrongful dismissal. They alleged that there was no cause for dismissal and the notice period was insufficient.

At the time of his dismissal Patrick Foy had been employed with Rothwell Foods for 14 years as the manager of the meat department at the Tumbler Ridge, B.C., store. Mrs. Foy had also been employed for 14 years but on a part-time basis. Over the years Mrs. Foy held several positions including meat wrapper and cashier.

As a result of a decline in sales due to closure of nearby mines, Rothwell was forced to reduce its workforce. In March 1999 both Mr. and Mrs. Foy were given eight weeks’ lay-off notice. Mr. Foy claimed that he was entitled to 15 months’ notice of termination, and Mrs. Foy claimed that she was entitled to 10 months’ notice. In support of his claim, Mr. Foy alleged that he was induced to leave secure employment in Trail, B.C., to move to Tumbler Ridge for his position as meat manager.