Sometimes, the law works in a way that can make an employment lawyer’s job seem like magic. An ironclad employment agreement can suddenly disappear when the correct language is identified as being in it. Or a series of fixed term contracts, each of which entitles the employee to a nominal amount on dismissal? These can sometimes be negated by showing that the employee was actually on an indefinite term contract under the guise of fixed term ones. Then, the employee is entitled to reasonable notice of their dismissal.
In Pohl v Hudson’s Bay Company (2022 ONSC 5230) Justice Centa awarded at 53 year old Sales Manager with 28 years service a notice period of 24 months. No surprise there. However,
In Pasap v Saskatchewan Indian Gaming Authority and Bear Claw Casino (2022 SKQB), Justice McMurtry had a situation where there was an issue as to whether the employee was fired or resigned. Having found that the Defendant had given him an ultimatum to quit or be fired, the Court found that he was fired and should have received 8 months notice.