Difference between revisions of "Employment Law Issues (9:V)"

There is case law to support the principle that an employee’s unique background and the nature of their responsibilities can outweigh an employee’s short length of employment in assessing a reasonable notice period upon termination.  For example, the employee’s notice period was increased from 5 to 10 months in ''Waterman v Mining Association of British Columbia'', 2016 BCSC 921, based on the employee’s position in the company, her unique background and the nature of her responsibilities.  Also see ''Munoz v Sierra Systems Group Inc.'', 2016 BCCA 140.

Generally, the maximum reasonable notice period is 24 months.  In exceptional circumstances, such as very long services cases, courts can award notice periods beyond 24 months; see ''Markoulakis v Snc-lavalin Inc.'', 2015 ONSC 1081.