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ARTICLE · 08 JULY 2011

Serial Extensions Of Employment After Termination May Invalidate The Initial Notice

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The Ontario Court of Appeal recently issued its reasons in the case of Di Tomaso v. Crown Metal Packaging Canada LP clarifying two issues: a) How often can employment be extended after a notice of termination is provided without the need to provide a fresh notice of termination; and b) Is there a general cap on common law notice for clerical and other unskilled workers?

CanadaEmployment and HR
Bettina Burgess
Bettina Burgess
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The Ontario Court of Appeal recently issued its reasons in the case of Di Tomaso v. Crown Metal Packaging Canada LP clarifying two issues: a) How often can employment be extended after a notice of termination is provided without the need to provide a fresh notice of termination; and b) Is there a general cap on common law notice for clerical and other unskilled workers?

Mr. Di Tomaso worked for Crown Metal for 33 years. He was advised on September 9, 2009 that the plant was closing and his last day of work would be November 6, 2009. He was 62 years of age, and held the position of two-piece mechanic and press maintainer. In early November 2009, Mr. Di Tomaso was advised that his employment would be continued to December 18, 2009, then to February 19, 2010, and then again to February 26, 2010. On February 24, 2010, the company confirmed that his last day would be February 26, 2010. Mr. Di Tomaso was provided with no pay in lieu of notice, but was paid the requisite 26

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