The appellants, members of the New Brunswick Highway Patrol, were laid off when the province decided to disband the patrol and contract its duties out to the RCMP.
The appellants sued the province for wrongful dismissal, claiming that the contracting out did not constitute a 'discontinuance of a function' under the Civil Service Act, and therefore they were entitled to reasonable notice rather than the 30 days provided by regulation.
The Supreme Court of Canada dismissed the appeal, holding that the disbandment of the patrol and the contracting out of its duties to the RCMP was a bona fide management decision that eliminated the appellants' office, thereby constituting a discontinuance of a function.
The Court further held that the 30-day notice period prescribed by regulation displaced the common law right to reasonable notice.
