Recent Wrongful Dismissal Notice Awards, by Michael J. Weiler


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.

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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.

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