LAW 529 Chapter Notes - Chapter 15: Summary Judgment, Punitive Damages, Wrongful Dismissal
25 Apr 2016
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If there is no just cause , er must provide notice or pay in lieu of notice. Failure to provide either is called wrongful dismissal . Length of notice may be set out in an employment contract. If an employment contract lacks a provision that governs notice of termination or if such provision is unenforceable, er has an implied duty to provide reasonable notice of termination or pay in lieu of notice under the common law. Bardal factors: length of service, age, position; and, availability of similar employment given employee"s experience, training and qualification. Bain v. insurance corp. : the appropriate notice is not equivalent to the time it takes to find a new job. Jamieson case: unique skills limited options longer notice. Antonio di tomaso case (on court of appeal): the empirical validity of the proposition that low-level, unskilled employees have an easier time finding alternate employment cannot simply be taken for granted, particularly nowadays.
