O'Connell v. Harkema Express Lines Ltd.

1982 CanLII 3198 (ON SC)Decided Wrongful dismissal

Wrongful Dismissal: Regional Sales Manager Awarded Compensation After Unresolved Strike

Summary

A wrongful dismissal case involving a regional sales manager who was placed on call during an unresolved strike. The employer ceased operations, and the court determined that the strike constituted a supervening event that frustrated the employment contract. The plaintiff was awarded compensation for seven weeks of lost earnings, vacation pay, and other expenses.

Outcome

plaintiff awarded compensation for seven weeks of lost earnings, vacation pay, and other expenses

Award

Compensation awarded for seven weeks of lost earnings, vacation pay, and other expenses

Key Factors

  • wrongful dismissal
  • employment contract
  • doctrine of frustration
  • unresolved strike
  • supervening event

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.