Gunn v. Hawaiian Airlines, Inc.

Court of Appeals of Georgia

Gunn v. Hawaiian Airlines, Inc.

291 S.E.2d 779, 162 Ga. App. 474, 115 L.R.R.M. (BNA) 4203, 1982 Ga. App. LEXIS 2234

CourtCourt of Appeals of Georgia

DecidedMay 27, 1982

Docket63669

StatusPublished

Cited by2 cases

This text of 291 S.E.2d 779 (Gunn v. Hawaiian Airlines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gunn v. Hawaiian Airlines, Inc., 291 S.E.2d 779, 162 Ga. App. 474, 115 L.R.R.M. (BNA) 4203, 1982 Ga. App. LEXIS 2234 (Ga. Ct. App. 1982).

Pincite

Opinion

Shulman, Presiding Judge.

Appellant was hired by appellee as a pilot. The contract between the parties provided that the first year of employment was a probationary period. The terms of the contract did not specify the duration of employment. Appellant was discharged before having been employed one year. He brought this suit, alleging that his discharge was a tort and a breach of contract. This appeal is from the grant of summary judgment to the employer-appellee.

Appellant argues strenuously that there is a good faith requirement implicit in all contracts and that public policy requires that employers be made to answer for unfair termination of employment even where, as here, the contract of employment is indefinite in duration. Those arguments have been foreclosed by many cases in this state. Under Code Ann. § 66-101, appellee had a right to discharge appellant without cause. Alterman Foods, Inc. v. Ingram, 158 Ga. App. 715 (282 SE2d 186); McElroy v. Wilson, 143 Ga. App. 893 (1) (240 SE2d 155). Summary judgment for appellee was properly granted.

Judgment affirmed.

Quillian, C. J., and Carley, J., concur.

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Shulman, Presiding Judge.

Appellant was hired by appellee as a pilot. The contract between the parties provided that the first year of employment was a probationary period. The terms of the contract did not specify the duration of employment. Appellant was discharged before having been employed one year. He brought this suit, alleging that his discharge was a tort and a breach of contract. This appeal is from the grant of summary judgment to the employer-appellee.

Appellant argues strenuously that there is a good faith requirement implicit in all contracts and that public policy requires that employers be made to answer for unfair termination of employment even where, as here, the contract of employment is indefinite in duration. Those arguments have been foreclosed by many cases in this state. Under Code Ann. § 66-101, appellee had a right to discharge appellant without cause. Alterman Foods, Inc. v. Ingram, 158 Ga. App. 715 (282 SE2d 186); McElroy v. Wilson, 143 Ga. App. 893 (1) (240 SE2d 155). Summary judgment for appellee was properly granted.

Judgment affirmed.

Quillian, C. J., and Carley, J., concur.

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291 S.E.2d 779, 162 Ga. App. 474, 115 L.R.R.M. (BNA) 4203, 1982 Ga. App. LEXIS 2234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-hawaiian-airlines-inc-gactapp-1982.

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