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large scale restructurings

By McCarthy Tétrault LLP | 2 Minutes Read August 6, 2014

Ontario Court of Appeal puts the ‘reasonable’ back into ‘reasonable notice’

Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of position and compensation). There have been widely divergent awards in recent years. This undermines the ability of employers to plan, with some certainty, for large scale restructurings and the required notice/severance to provide staff.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / Bardal Factors, common law, employment law, escalating awards for lower skilled and older employees, internal policy, Kotecha v. Affinia Canada Ltd, large scale restructurings, motion for summary judgment, Notice periods, notice periods to reduce risk, Ontario Court of Appeal, reasonable notice, required notice/severance, rules of thumb, termination, terminations

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