Cases

IN THE SUPREME COURT OF BRITISH COLUMBIA
Reasons for Judgment
Mr. Justice Chamberlist
June 16 and 17, 2004

BETWEEN: DOUGLAS BEGLAW PLAINTIFF
AND: ARCHMETAL INDUSTRIES CORPORATION DEFENDANT

Counsel for Plaintiff L. W. Coulter
Counsel for Defendant D. M. Smart

[1] On May 2, 2003, the plaintiff, Douglas Beglaw, was dismissed from his employment with the defendant corporation, Archmetal Industries Corporation (hereafter called "Archmetal"). His employment had commenced January 2, 2003, and thus his employment was for approximately 4 months. The offer of employment made to him on December 20, 2002, by Archmetal, dated December 20, 2002, set out the following particulars of his position -

  1. he would assume the position of General Manager and Sales Manager, reporting directly to the president, Jerome Chen;
  2. his base salary would be $84,000.00 per year;
  3. he would receive a monthly car allowance of $500.00 and a company gasoline card.

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CONCLUSION:

[96] I therefore conclude that the plaintiff was entitled to six months notice and I award him damages calculated at six months pay with the defendant company, less statutory deductions. He will also be entitled to holiday pay for the six months at the prescribed rate.

[97] The amount of damages will be reduced, over the six months notice period commencing May 5, 2003, by his gross earnings at the automobile dealership and his gross earnings at the computer store where he is earning $4,000.00 per month. In addition, the one week's pay in lieu of notice, paid by the defendant, will be deducted from the award.

[98] Lastly, in the absence of any further submissions on costs, the plaintiff is entitled to court order interest and costs on Scale 3. If the parties are unable to agree on the mathematical calculations then they have liberty to apply.

Mr. Justice Chamberlist

 

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