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ARTICLE · 20 NOVEMBER 2011

Longer Notice Periods For Junior Employees?

Boughton Law
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Employers seeking advice about what notice period or pay in lieu of notice should be given to an employee who is not being dismissed for cause are often told by their legal advisors that there are four main factors to consider.

CanadaEmployment and HR
Paul Miller
Paul Miller
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Employers seeking advice about what notice period or pay in lieu of notice should be given to an employee who is not being dismissed for cause are often told by their legal advisors that there are four main factors to consider: the character of the employment, the length of service, the age of the employee and the availability of similar employment having regard to the experience, training and qualifications of the employee. This article will focus on the first of these factors.

Most legal advisors would traditionally advise employers that, all other things being equal, an employee who was "higher up the chain" would be entitled to more notice than an employee in a less senior position. The decision in Systad v. Ray-Mont Logistics Canada Inc., 2011 BCSC 1202, if followed by other judges, will cast doubt on that traditional advice.

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