alleged breach of contract and/or wrongful dismissal.

Corrine Elaine Swan sued Onions, Bouchard & McCculloch (OBM) where she was employed as an assistant accountant from March 6 to May 30 in 1995.

On April 3 1995, Swan wrote a letter to the principal partner of the firm complaining about the terms of her engagement and returned the letter of agreement because she no longer recognised it as binding.

On May 30, B.W. (Jordy) Walker dismissed Swan and gave her a letter stating that her employment was subject to a three-month probationary period and that it had been determined that she was "unable to satisfy the duties necessary to fulfil this position...''.

OBM paid Swan all salary due to her, accrued vacation pay, overtime pay and one month's severance pay.

There was an argument whether or not Swan was in fact on probation. She claimed that she was not and there was no mention of a probationary period in the letter of engagement.

Members of staff at OBM testified that new staff were advised of the probationary period during the interview process and Puisne Judge Vincent Meerabux found that under the oral part of Swan's contract, Swan was employed on a three-month probationary period.

He then explained that an employer had the right to terminate the services of a probationary employee without notice. He further stated that Swan was not entitled to be given the reason for her dismissal.

Mr. Meerabux's judgment said: "I find no proof of bad faith or improper motive on the defendant's part when the defendant dismissed the plaintiff. I find that the defendant determined that the plaintiff was unable to meet the firm's standards in the position as an assistant accountant.'' The judge concluded that the defendant was entitled in law to do what they did.