Anyone involved in the human
resources side of management will be familiar with the concept of
notice periods for terminated employees, and how they are
calculated. In most cases, the primary factor involved in
determining the appropriate length of a reasonable notice period is
the employee's length of service. However, this is not
always the case. In cases dealing with particularly senior
and specialized employees, significant notice periods may be
awarded even for employees with short service. In such cases,
employment contracts with termination clauses can take on even
greater importance for employers attempting to maximize their
flexibility and limit their liability.
In Rodgers v CEVA, the plaintiff had been hired
as the most senior employee in the Canadian division of the
defendant, which handled trucking and logistics. The
plaintiff was responsible for 500 employees and sales in excess of
$140 million annually.
