Johnson v Varsity Chrysler Dodge Jeep Ram Ltd
Varsity Chrysler Dodge Jeep Ram Ltd.
Law Firm / Organization
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
Employment law