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ARTICLE · 22 DECEMBER 2011

Character Of Employment Not Determinative Of Reasonable Notice

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very recent case from British Columbia provides notice to employers that they should not underestimate what a court may award as reasonable notice to a long-service employee simply because the employee held a modest, lower level type job.

CanadaEmployment and HR
McMillan LLP
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A very recent case from British Columbia provides notice to employers that they should not underestimate what a court may award as reasonable notice to a long-service employee simply because the employee held a modest, lower level type job.

In Systad v. Ray-Mont Logistics Canada Inc., 2011 BCSC 1202, the British Columbia Supreme Court emphatically ruled that "character of employment" (i.e. the job held by the employee) should not be given "undue weight" in determining the appropriate notice period and is merely "another matter" to be taken into account together with the other relevant factors of age, length of service and anticipated difficulty in finding replacement employment, in determining the reasonable notice period.

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