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length of service

By Barry B. Fisher LL.B. | < 1 Minute Read July 2, 2020

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.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / employment law, layoff, length of service, reasonable notice, termination Leave a Comment

By Jeff Dutton, Dutton Employment Law | 5 Minutes Read August 23, 2019

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.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll / calculating reasonable notice, employment law, increase the length of the reasonable notice period, length of reasonable notice, length of service, Notice of termination, reasonable notice period

By Alison J. Bird | 3 Minutes Read May 12, 2014

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.

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / 'rule of thumb, Bardal Factors, Beware of the one month per year of service rule, common law notice, dismissing an employee, dismissing an employee without cause, duty to mitigate, employment law, HR Law, length of service, notice period, one month per year of service, termination, terminations, Wellman v The Herjavec Group Inc.

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