HOLLAND v. JOHN POOLE & SONS, LTD.

(1943) 77 Ll L Rep 239

KING'S BENCH DIVISION.

Before Mr. Justice Stable.

Master and servant-Termination of employment - Notice - Plaintiff engaged by defendant company in 1923 as junior insurance broker, subsequently attaining position as manager of defendants' non-marine department-No formal appointment -Plaintiff paid salary plus half commission on own business introduced - Appointment to board of directors in 1934, plaintiff receiving shares in defendant company in lieu of commission on own business-Plaintiff paid director's fees and share of profits in addition to salary as non-marine manager-Growing friction between plaintiff and rest of board, resulting in calling of extraordinary general meeting in 1942 reducing directorate-Plaintiff not re-elected to board - Effect - Further meetings and discussions between parties as to compensation and disposal of shares-Inferences to be drawn from correspondence-Contention by defendants that upon appointment to the board in 1934 any appointment then held merged in directorship and therefore effect of meeting reducing directorate determined completely his position in the company save as shareholder; alternatively, that his employment with the defendants was wholly determined by agreement between the parties at a subsequent meeting; and that, in any event, notice of termination was to be inferred from the subsequent correspondence and discussions-Claim by plaintiff for declaration that his employment as non-marine manager had not been terminated and was still subsisting.