Johnson v Varsity Chrysler Dodge Jeep Ram Ltd

Firms involved

Jensen Shawa Solomon Duguid Hawkes LLP (JSS Barristers), Thornborough Smeltz LLP
Ronnie Johnson
Law Firm
Jensen Shawa Solomon Duguid Hawkes LLP (JSS Barristers)
Lawyer(s)

Cassandra Sutter

David Pope

Tony Bedard
Law Firm
Jensen Shawa Solomon Duguid Hawkes LLP (JSS Barristers)
Lawyer(s)

Cassandra Sutter

David Pope

Varsity Chrysler Dodge Jeep Ram Ltd.
Law Firm
Thornborough Smeltz LLP
Lawyer(s)

Peter Osadetz

Key Facts:

  • Johnson and Bedard were employed as Finance and Insurance (F&I) Business Managers at Varsity Chrysler.
  • Their compensation was commission-based, calculated on a percentage of F&I gross revenues.
  • A February 2018 change reduced the number of F&I managers and modified the commission structure, allegedly decreasing their pay and increasing hours.
  • Both plaintiffs resigned and claimed constructive dismissal due to these unilateral changes.

Legal Issues:

  • Constructive Dismissal: The central issue was whether the modifications to compensation and working hours constituted constructive dismissal.
  • Compensation Structure: Plaintiffs argued they were entitled to 20% of F&I gross revenues, split among the managers. Varsity reduced this to 5% per manager.
  • Increased Work Hours: The new schedule increased the managers' working hours by 30%.

Ruling:

  • Applications Judge: Found for the plaintiffs, stating they were constructively dismissed.
  • Appeal Decision: The appeal court determined that key issues (e.g., whether the plaintiffs' compensation actually decreased) require further trial as there was insufficient evidence for a full summary judgment.
  • No monetary award was specified.

Conclusion:

The appeal court did not grant summary judgment, finding too many unresolved factual issues regarding compensation and working conditions. No successful party as of yet, a trial is necessary to fully resolve the dispute.

Court of King's Bench of Alberta
1901 06911, 1901 10356
Labour & Employment Law