Tag archives: reasonable notice

Reasonable Notice Claims – Update

It is generally accepted that the common law will imply a term of “reasonable notice” into a contract of employment which makes no provision for termination notice.  However, this general rule was displaced by the case of Brennan v Kangaroo Island Council [2013] SASCFC 151 which found that reasonable notice may not be implied in … Continue reading

Termination Clause Unenforceable Where Falls Below Statutory Requirements

The recent decision of Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 involved a claim for wrongful dismissal damages in which the Plaintiff successfully argued that a contractual termination provision was unenforceable. On the facts, the employee signed an employment contract at the time of hire stating that, “Regular employees may be terminated at any time without cause … Continue reading

Pension Benefits Should Not be Deducted from Pay in Lieu of Reasonable Notice: Supreme Court of Canada

The decision of the Supreme Court of Canada in IBM Canada Limited v Richard Waterman, [2013] 3 S.C.R. 985, considered whether employees’ pension benefits should be deducted from damages for wrongful dismissal. The majority concluded, on the facts of this case, that no such deduction should occur. The company dismissed a 65-year-old employee without cause after 42 years of service. The … Continue reading