TGC Lawyer Blair Curtis has won an important trial decision dealing with reasonable notice for an employee who had served for less than three years.
Blair represented our client, Mr. Corey, in BC Supreme Court and obtained an award of 8 months of pay in lieu of notice. The Court rejected the employer’s position that 3 months was sufficient in light of our client’s short service.
Our client was 57 years old at the time of his dismissal and had worked for the employer for 2.5 years in a supervisory (first tier of management) role. The employer’s argument that any notice award our client received from the Court should be reduced for the possibility that he would find a job after the trial (a “contingency” reduction) was also rejected by the Court. The Court considered the employer’s argument – based on government statistics of unemployment rates – that our client was no worse off in the job market at age 57 than a younger person would be; however, Blair’s “cogent” arguments against the application of such statistics convinced the Court otherwise.
In the result, Blair obtained for our client an 8-month award comprised of: salary, expected overtime pay, employer pension contributions, medical expenses, interest, and costs.
The judgment can be found here.