Notice Period for Termination of Employment

November 16th, 2012 by

Notice Period for Termination of Employment

 A recent Ontario decision, Hussain v. Suzuki Canada Ltd, awarded the plaintiff, a terminated employee, 26 months of reasonable notice for termination of his employment without cause.  This is welcome news to terminated employees because the court awarded a notice period in excess of the usual 24 month upper limit.  However, before disgruntled employees that have been recently terminated start asking for 26 month notice periods they should be aware that they still need to meet Bardal factors to even reach the assumed cap of 24 months.  Furthermore, they should be aware of the exceptional circumstances that justified the increase of notice period in Hussain.  The terminated employee in Hussain¸ worked continuously at Suzuki for almost 36 years and had no notice or even inkling of his termination.  His last position was an Assistant Warehouse Supervisor in charge of 11 other employees, a position that Suzuki acknowledged was very important and valuable.  Another key factor in the decision was the age of the plaintiff, who was almost 65 years old at the time of the termination.  Despite the exceptional facts of the case, this decision is a good precedent for employees fighting to get a fair and just award to compensate them for a wrongful dismissal.


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