Slaight Communications Inc. v. Davidson
Encyclopedia
Slaight Communications Inc. v. Davidson, [1989] 1 S.C.R. 1038 is a leading decision of the Supreme Court of Canada
on the right to freedom of expression under section 2(b)
of the Canadian Charter of Rights and Freedoms
and the Charter's relationship with administrative law
. The Court upheld an order given by the Labour Relations Board, that required an employer to give an employee a letter of recommendation containing information such as sales quotas, but could not divulge any further information regarding the employee's performance.
for unjust dismissal. The Labour Board found he was unjustly dismissed and ordered Slaight to write a reference letter stating that he had been employed by the radio station, the sales quotas he had been set and the amount of sales he actually made during this period, and that an adjudicator had held that he was unjustly dismissed.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the right to freedom of expression under section 2(b)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and the Charter's relationship with administrative law
Canadian administrative law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies. That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers such as a board, tribunal, commission, agency or minister...
. The Court upheld an order given by the Labour Relations Board, that required an employer to give an employee a letter of recommendation containing information such as sales quotas, but could not divulge any further information regarding the employee's performance.
Background
Ron Davidson was employed by Slaight Communications as a "radio time salesman" for three years. He was dismissed due to inadequate performance. Davidson filed a complaint under the Canada Labour CodeCanada Labour Code
The Canada Labour Code is an Act of Parliament of the Canadian government to consolidate certain statutes respecting labour. The objective of the code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.Generally speaking, the...
for unjust dismissal. The Labour Board found he was unjustly dismissed and ordered Slaight to write a reference letter stating that he had been employed by the radio station, the sales quotas he had been set and the amount of sales he actually made during this period, and that an adjudicator had held that he was unjustly dismissed.
Ruling of the Court
Chief Justice Dickson, writing for the majority, dismissed the appeal. He held that the order violated s.2(b) of the Charter but it was saved under s. 1.External links
- Mapleleafweb.com, Summary