There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
In Rodgers v CEVA, 2014 ONSC 6583, a 55 year-old Country Manager for an international freight and logistics company was dismissed after less than 3 years of service. As Country Manager, the plaintiff was responsible for the defendant’s business operations in Canada which included over 500 employees and revenues in excess of $140 million annually. The employer provided him with 2 weeks’ pay in lieu of notice (totaling approximately $11,000) and severance pay in the amount of approximately $5,000.
The Court determined that the plaintiff was entitled to a notice period of 14 months based on the following factors:
Beware of the One Month Per Year of Service “Rule”: Part 5
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