Labor & Employment Law

Summary Judgment in Employment Disputes

By Michael Fitzgibbon

The Court considered whether to allow partial summary judgment in Cockshutt v. Computer Facility Services.

In this case, the plaintiff sought summary judgment for one aspect of his claim, being damages in lieu of notice, including benefits to which he would be entitled during the period of notice.  The new Rules of Civil Procedure applied to this motion.  The relevant portion of the Rule was:

20.04  

(2)  The court shall grant summary judgment if,

(a) the court is satisfied that there is no genuine issue requiring a trial with respect to a claim or defence; or

(2.1)  In determining under clause (2) (a) whether there is a genuine issue requiring a trial, the court shall consider the evidence submitted by the parties and, if the determination is being made by a judge, the judge may exercise any of the following powers for the purpose, unless it is in the interest of justice for such powers to be exercised only at a trial:

1. Weighing the evidence.

2. Evaluating the credibility of a deponent.

3. Drawing any reasonable inference from the evidence.

The Court commented on the availability of summary judgment in employment disputes as follows:

Summary judgment is often a suitable route for the determination of a wrongful dismissal action where, as here, there is no issue as to whether the dismissal was for cause.  The calculation of damages typically involves nothing more than the determination of the appropriate notice period based on objective factors including the age and background of the employee, the length of employment, the nature of the position held with the employer and the availability of suitable alternative employment.  In many cases, perhaps even the majority of cases, these factors do not involve any disputed facts.  That is not so in this case.

There were a number of factual disputes in this case including:

1. One factor that is considered in determining the period of reasonable notice is the "character of employment".  The parties disagreed on where the plaintiff fit into the organization and the "character of his employment".  The Court noted that "The character of the plaintiff?s employment is an influential factor in determining the appropriate period of notice.  A factual dispute on this point is a major obstacle to the availability of summary judgment."
2. There was an issue of the enforceability of a written employment agreement.

The Court ordered that the matter proceed to trial and dismissed the motion for summary judgment.

I'd previously discussed the availability of summary judgment in employment disputes under the old Rules of Civil Procedure.

Full post as published by Thoughts from a Management Lawyer on April 05, 2010 (boomark / email).