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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

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29 month break in service ignored in assessing reasonable notice

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.

By | 5 Minutes Read

Calculating the upper end of the range of reasonable notice period for senior employees

The Ontario Court of Appeal observed that calculating reasonable notice is “case-specific” and, while there is “no absolute upper limit or ‘cap’ on what constitutes reasonable notice, “exceptional circumstances” may support a notice period in excess of 24 months.

By | 3 Minutes Read

Beware of the one month per year of service rule: Part 2

Last October, I wrote a post cautioning employers to beware of using the one month per year of service “rule of thumb”. A recent case from the Ontario Superior Court of Justice has again affirmed that, depending on the circumstances, courts are willing to award short service employees significantly more than one month per year of service.

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