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:

1.