The Supreme Court of Canada (SCC)
has written about the importance of work in our society1
in several leading employment cases over the past few years. Its
analyses conclude that because employment is so important in terms
of an individual's status and self-worth, the contract of
employment (while a contract and thus subject to the laws governing
contracts) is also deserving of special treatment. Accordingly, the
SCC has endeavored to balance what it obviously views as the
disparity of power between an employee and an employer. This view
has given rise to what many perceive as the pre-disposition of the
courts to "make the employer pay".
COURT RULINGS TEND TO FAVOUR
EMPLOYEES
This approach is easily demonstrated
in the determination of the reasonable notice period. The 24-month
ceiling originally reserved for those with extended periods of
service (mostly senior employees at the highest end of the scale)
is now not infrequently ordered for former employees
