a feminist critique of Cronk v. Canadian General Insurance Company and the 'Managerial/clerical distinction'
- Categories
- Article/Artikel
- Magazine Title
- Canadian Journal of Women and the Law
- Magazine Year
- 1997
- Magazine Number
- 2
- Creator
- Macfarlane, J.
- Thesaurus
- gelijke behandeling, schadevergoedingen, ontslag
- Description
- This case comment considers the Ontario Court of Appeal decision in Cronk v. Canadian General Insurance Company, where the court upheld a method of assessing wrongful dismissal damages known as the 'managerial/clerical distinction'. The distinction means that in awarding damages for reasonable notice, judges categorize occupations according to job 'status', or how employees fit into the workplace hierarchy, and reserve the longest notice awards for those in the 'highest' positions. The writer contends that there are serious analytical and factual deficiencies in the underlying rationales offered in support of the managerial/clerical distiction.