Is an employee entitled to a pension that would have accrued during the notice period?
Alberta, Canada
The following excerpt is from Deputat v. Edmonton School District No. 7, 2006 ABQB 549 (CanLII):
It is settled law that when an employee is terminated without cause or proper notice, his or her entitlement to compensation includes loss of any pension rights that would have accrued during the notice period: Vorvis v. I.C.B.C., 1989 CanLII 93 (SCC), [1989] 1 S.C.R. 1085.
However, a number of different methods of calculating pension losses have been used. The Defendant acknowledged that the courts have used various “rough and ready” methods for calculating pension losses but submits that the correct method is the “commuted value methodology.” The Defendant cites Peet v. Babcock & Wilcox Industries Ltd., supra, as authority.
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