How have courts dealt with the issue of credit for the dismissal of a servant?
Saskatchewan, Canada
The following excerpt is from Knight v. Ducklow Motors Ltd., 1926 CanLII 157 (SK CA):
He also referred to Bell v. Smith (1868) 99 Mass. 617. That case is practically on all fours with the case at bar. There the servant was dismissed for wrongfully refusing to obey his master’s orders. The master them credited the servant in his ledger with his labour up to the time of dismissal. In an action by the servant it was held that the giving of this credit was an act of the defendant tending to show that he waived any claim that he might have to a forfeiture of the wages up to the dismissal.
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