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ARTICLE · 06 JUNE 2016

Availability Of Similar Employment In Determining Reasonable Notice

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What role does availability of similar employment play in determining reasonable notice? This was one of the issues at stake in the recent case of Strik v EXP Services Inc.

CanadaEmployment and HR
Paul Brooks
Paul Brooks
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What role does availability of similar employment play in determining reasonable notice? This was one of the issues at stake in the recent case of Strik v EXP Services Inc.

In Strik, the plaintiff was hired by the defendant in 2012 as a geotechnical technician. The defendant was in the business of providing engineering consulting services. Just under two years later, the defendant advised the plaintiff that he was being terminated without cause. He was provided with two weeks' pay in lieu of notice.

The plaintiff sued for wrongful dismissal. His position was that two weeks' pay was insufficient although it met the statutory requirements under the Employment Standards Act, 2000, S.O. 2000, c. 41. The defendant pleaded that sufficient notice had been provided.

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