Contract salesman gets 3 months’ notice

Relationship between salesman and company was much like employer and employee; contract originally for one year became indefinite, court says
By Jeffrey R. Smith
|Canadian Employment Law Today

An Ontario company should have given notice when it fired a salesman a year after his initial contract expired, but it didn’t defame him when it sent him a letter accusing him of improper sales activities while working for a competitor, the Ontario Superior Court of Justice has ruled.

Don Moseley-Williams, 64, was working for a construction equipment dealer in Sudbury, Ont., in 2000 when he was contacted by Hansler Industries, a dealer of the same line of equipment. Hansler offered him a sales territory in the Toronto area and also told him there was a company benefit package “if you eventually join us as an employee.”

12-month contract