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ARTICLE · 13 MAY 2016

The Duty To Provide Reasonable Notice Of Termination Cuts Both Ways

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination...

CanadaEmployment and HR

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice of termination, employees are likewise required to provide employers with reasonable notice of resignation.  A 2016 Ontario Superior Court of Justice case has recently confirmed same.

In the case of Gagnon & Associates Inc. v. Jesso et al., the company sought damages from employee Barry Jesso ("Jesso") for having resigned his employment without notice.  Jesso had been employed by Gagnon & Associates Inc. (the "Company") for 10 years and at the time of resignation was responsible for approximately 30% of the Company's annual HVAC sales.  His colleague Patrice Comeau, also a defendant in the litigation, was responsible for a further 30% of the Company's annual sales.  In 2006 Jesso and Comeau approached one of the Company's competitors and entered into an agreement with it to open a satellite office.  It was at that point that they both

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