In Hetherington v Sask Liquor & Gaming Authority (2020 SKQB 110), Mitchell J. had a situation where the plaintiff worked for 19 years for the Sask govt, then quit and worked for another employer for 29 months, then returned to the Sask govt and 10 years later was laid off at age 65.
In deciding that for notice purposes that she was a 28 year employee, the judge noted the following factors:
- Upon her rehire, she was granted the highest salary grade.
- She was given 5 weeks vacation in recognition of her prior service.
- She was given prior service recognition for her pension.
- Her 29 month absence amounted to only 7.86% of her time with the Sask Govt.
- In her 25th year, she got a letter from the Premier thanking her for her 25 years of service.
She was awarded 17 months notice.
This reminds me of a case I had similar to this many years ago where the fact that my client had a watch from the company thanking him for his 30 years of service clinched the deal. Thank God my client held onto that watch!
Barry B. Fisher LL.B.
Barry B. Fisher, LL.B., is a mediator and arbitrator of both employment and labour relations matters. He offers three forms of ADR based on clients’ needs: Mediation, Arbitration and Med/Arb. Barry is from the evaluative school of mediation and brings his over 30 years' experience as an employment lawyer and legal author to the dispute. In addition to his knowledge of the legal issues involved in these disputes, he also has a deep understanding of the psychological factors that motivate both employees and employers. By combining these two skills, Barry is able to achieve a settlement rate of over 80% of the disputes that he mediates.
