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ARTICLE · 15 NOVEMBER 2016

Reasonable Notice: It Goes Both Ways

In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants ("Jesso" and "Cameau") had been working as salesmen for the employer ("Gagnon") for ten years when they resigned.

CanadaEmployment and HR

In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants ("Jesso" and "Cameau") had been working as salesmen for the employer ("Gagnon") for ten years when they resigned. They had been an integral part of the defendant's operations, and were jointly responsible for approximately 60 per cent of the defendant's sales.

The defendants secured alternate employment with  a competitor and submitted their letters of resignation. Jesso offered to continue working for Gagnon for two additional weeks, conditional upon amounts he claimed were owing to him: $30,072.58. Gagnon declined Jesso's offer. The defendants left Gagnon's employ, and many of Gagnon's clients opted to continue their business with the defendants rather than with Gagnon. Gagnon's sales suffered significantly after the defendants' departure.

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