What is the quantum of an 18 months' notice period for an employee who has been unjustified dismissal?

Newfoundland and Labrador, Canada


The following excerpt is from Trask v. Terra Nova Motors Ltd., 1995 CanLII 9836 (NL CA):

As will be seen, I agree with the trial judge that 18 months’ salary was appropriate in the circumstances of this case. However, it seems to me unnecessary to rely on the fiction that had the parties considered these circumstances at the time of entering into the contract of employment, they would have envisaged a much longer than normal notice period. Surely Hadley v. Baxendale need be taken no further for our purposes than to state that damages generally to an employee in the sense of his or her needing time to obtain alternate employment may reasonably be contemplated or inferred where there has been an unjustified dismissal from the employment. The rule identifies the type or nature of the damages which might reasonably have been within the contemplation of the parties, not the extent and quantification of it.

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