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ARTICLE · 24 NOVEMBER 2021

Break In Service And Impact On Notice Period

McCarthy Tétrault
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We often receive questions from clients with respect to termination of employment and in particular, the structure of a termination package.

CanadaEmployment and HR
Conseiller De L'Employeur
Conseiller De L'Employeur
Ryan Plener
Ryan Plener
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We often receive questions from clients with respect to termination of employment and in particular, the structure of a termination package. However, how should an employer treat the termination of an employee with a break in service? This issue was considered in Skowron v. ABC Technologies Inc.

On a motion for summary judgement, the Court considered the Plaintiff's entitlement to pay in lieu of notice following the termination of his employment. The Plaintiff was employed by the Employer for a total of 26 years, with an 11 month gap. Specifically, he was hired in 1994 as a Plant Engineer, but later resigned in 2000 to pursue a career as a consultant. After 11 months, the Employer invited the Plaintiff to return to work on a specific project, under contract.

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