Essay About Time Of Termination And Improper Conduct

Plaintiff – Elements of Contract
PARTIES
Plaintiff was terminated without prior notice even after serving for 17 years. In 1954 plaintiff succeed as
advertising manager. Later on before the time of termination, he was appointed as director of
advertising and a member of the board of directors of the defendant. The fact that the plaintiff was
appointed to the Board of Directors was; company wants to demonstrate the permanent character of
his employment and the importance of the office.
FACTS
Plaintiff changed employment to Globe printing company with a view that it was important at his age
that his employment should be permanent. Both parties undoubtedly considered that the employment
was to be of a permanent character. Moreover company name was changed when they did terminated
the employment and justified as department did not obtain results which were expected from plaintiff.
But the results plaintiff produced and the circumstances that gave rise to some decline in revenue from
the advertising department preceding his dismissal. So the position held by plaintiff at the time of
termination was obscure as permanent position or not.
The case was argued for the indefinite hiring of a permanent character which could be terminated by
reasonable notice. It remains only for court to consider what damages the plaintiff is entitled to recover
HISTORY OF ACTION
Trial level: both Mr. Dalgleish and counsel admitted that” it could not be contended that the defendant
was justified in dismissing the plaintiff without notice. No improper conduct on the part of the plaintiff
was proved”.
Appeal level: jury gave verdict that “one year's notice would have been reasonable”
Supreme Court:
ISSUES: