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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:06, 27 September 2022
, 21:06, 27 September 2022→d) Calculating Reasonable Notice
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Reasonable notice is concerned with a period of time, not an amount of money. A permanent part-time employee is entitled to the same notice as a full-time employee. If an employer dismisses a part time employee with immediate effect, the fact that the employment is part-time will be reflected in the amount of pay in lieu of notice of dismissal the employee receives, not the length of the notice period. (Stuart v. Navigata Communications Ltd., 2007 BCSC 463 at para. 15). | Reasonable notice is concerned with a period of time, not an amount of money. A permanent part-time employee is entitled to the same notice as a full-time employee. If an employer dismisses a part time employee with immediate effect, the fact that the employment is part-time will be reflected in the amount of pay in lieu of notice of dismissal the employee receives, not the length of the notice period. (Stuart v. Navigata Communications Ltd., 2007 BCSC 463 at para. 15). | ||
Severance is generally awarded in a manner correlated to length of service. However, | Severance is generally awarded in a manner correlated to the length of service. However, in some circumstances short service employees can be entitled to proportionally more severance. Senior level short term employees, particularly upper management employees, may be entitled to proportionally more severance than their more junior counterparts. An example of an extended severance period for short service employees is found in ''Chung v Quay Pacific Property Management Ltd'', 2020 BCSC 174, https://canlii.ca/t/j56wm, where the Court awarded a nine-month severance to a 53-year-old short service executive employee with only 2 years of service. | ||
The length of reasonable notice may also be influenced by personal factors of the employee that affect how long it may take them to find similar work for similar pay. For example, the employee in Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, https://canlii.ca/t/jkgwq, was 5 months pregnant at the time of dismissal. She argued that her pregnancy should be considered as grounds for additional severance. The Court noted that pregnancy would not automatically increase the severance period, but that it could be up to the employee to demonstrate that the pregnancy is reasonably likely to have an adverse impact on the employee’s ability to find alternative employment. In this case, the Court did find that the pregnancy was an important factor. She was awarded a 5-month severance despite only being employed for 4.5 months. | The length of reasonable notice may also be influenced by personal factors of the employee that affect how long it may take them to find similar work for similar pay. For example, the employee in Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, https://canlii.ca/t/jkgwq, was 5 months pregnant at the time of dismissal. She argued that her pregnancy should be considered as grounds for additional severance. The Court noted that pregnancy would not automatically increase the severance period, but that it could be up to the employee to demonstrate that the pregnancy is reasonably likely to have an adverse impact on the employee’s ability to find alternative employment. In this case, the Court did find that the pregnancy was an important factor. She was awarded a 5-month severance despite only being employed for 4.5 months. | ||