Employment Law Judgement Case

Instruction:

The judges, as a panel, must deliver a single copy of their written decision to your instructor. You are to hand in only one judgment, so you must reach a consensus. I expect the decision to be 3-4 pages in length.

The decision should identify the moot case in respect of which it is being delivered. It must contain a definitive decision regarding the case, e.g. "We find for the appellant”, or “the respondent”, as the case may be.

The decision must contain reasons for the outcome, and the remedy you are providing. It must also deal with each and every argument raised by the two sides in their written and verbal presentations to you.

You should give legal reasons why you do or do not accept a certain argument. In so doing, you will of necessity have to refer to the rules of law cited by counsel for the parties in their case briefs, and explain how they either do, or do not, apply to the facts of the case. If they do, then you will need to explain why they lead to the legal result you have selected.

If they do not, you will need to explain why they do not. 7 You are not required to do original research when preparing your judgment, but you should review the authorities on which counsel for the parties have relied in making their submissions to you, and you may apply the knowledge you have learned in the course when preparing your decision.

Finally, you will be marked on the structure of your written presentation, the thoroughness of your analysis of the various arguments made by counsel, and the validity of the reasoning you have employed to reach your conclusion. A good decision will persuade counsel for both sides, and especially the losing side, that the judgment is correct.

Moot #: The Case of the Promotion that Paled in Comparison

Quentin was employed as a commissioned salesperson by a large computer and electronics company operating out of Kelowna called Limitless Universe Technologies, Inc. (“Limitless”). He received a basic salary of $2,000.00 per month, and a commission on his gross sales made on behalf of the company. In addition, the company paid for his reasonable travel and living expenses while he was on the road, as he was for most of each year.

Quentin was a highly successful salesperson. He earned approximately $75,000.00 annually from commissions, in addition to his base salary.

Quentin also decided to take on a proposal Limitless wished to make to a government agency to research and then contract with the agency to have Limitless build a new electronic system 6 emitting high-pitched sounds beyond the ability of the human ear to hear, but which would be unbearable to the birds and other critters that habitually destroyed much of the annual cherry crop in the Okanagan Valley. If Limitless obtained the contract it would mean a hefty commission of $100,000.00 to Quentin all on its own.

Quentin spent hours on the proposal, conducting research and preparing specifications. He was aware that other companies, competitors of Limitless, were preparing proposals of their own. In the end, however, the agency accepted Quentin’s proposal for final review, in addition to a tender from Limitless’ main rival, Quantum-Tech. Quentin was optimistic that his proposal tendered on behalf of Limitless would win the competition.

A few days after Quentin’s proposal was submitted to the government agency, but before the winner of the competition was announced, Quentin’s boss, I. M. A. Piker, invited Quentin into his office to inform him that Limitless was pleased to offer him a position as regional manager of sales and marketing, at an annual salary of $100,000.00, plus benefits. Quentin knew that Limitless’ regional managers had several salespersons reporting to them. He also knew that they often negotiated some of the larger sales contracts, but that they received no commissions themselves; their salaries were meant to compensate them for all of their work.

Quentin was prepared to consider the promotion, but he felt pressured when Piker told him that if he declined to accept the offer, he would not be able to continue with his existing job. The reason given by Piker was that Limitless had decided to re-organize its sales staff, and Quentin would be left with a much less extensive sales territory, with the result that his commissions were expected to decline by approximately 15%. Quentin became irate, however, when he asked Piker if his accepting the promotion would mean that he would be lose the commission to be generated if the government agency accepted his proposal as expected, and Piker said “yes.” Piker went on to repeat that the regional manager’s position was a salaried position, and so Quentin would be giving up his chance to earn commissions if he accepted the Limitless offer, including the commission to be earned on the government agency contract.

When Quentin heard this he stood up, shook his fist at Piker, and accused him of “stealing” his commission on the government agency contract from him. Piker told Quentin he was sorry to hear he felt that way. Piker then told Quentin that he was “fired,” that he should clean out his office and leave the building immediately.

Quentin packed his personal belongings and left the Limitless building, never to return. A few days later he commenced an action for wrongful dismissal against Limitless. At trial, Quentin’s case was dismissed. Quentin appeals.