Recent Wrongful Dismissal Notice Awards, by Michael J. Weiler

more+
less-

Wrongful dismissal law suits are most commonly caused by an employer having failed to provide proper written notice. When this happens, the courts will determine what would have been a reasonable notice period. The four key factors considered by the courts in determining the reasonable notice period are the employee's age, length of service, position with the employer and the availability of similar,

alternate employment, keeping in mind the particular

skills, training and experience of the employee.

There are no specific rules to define the notice period. For example, courts do not follow a rule of one month for each year of service. Rather, the court will determine each case on its own facts, taking into account the above-noted factors as well as looking at other similar cases that have been settled.

The following selected cases from 2007 and 2008 show the wide range of notice awarded in cases in B.C.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lang Michener LLP | Attorney Advertising

Written by:

more+
less-

Lang Michener LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×