What is the appropriate notice period for a 38 year old supervisor of 11½ years of service?

British Columbia, Canada


The following excerpt is from Allnutt v. Canadian Pacific Express & Transport Ltd., 1997 CanLII 3033 (BC CA):

In my view, the award of damages must be governed by the rule in Hadley v. Baxendale (1843), 156 E.R. 145 and so regard must be had to what would reasonably flow from the breach of contract. If in September 1992 the defendant fired the plain­tiff without just cause its exposure to damages from a claim by a 38 year old supervisor of 11½ years of service would not have been as high as a notice period of 18½ months. On the other hand the plaintiff sees the reversion with seniority as an indefinite commitment of full time employment. I would strike a balance between these competing views and award damages based on earnings and benefits to 31 December 1994. This is equival­ent to 12½ months notice. It is somewhat higher than I would have awarded in a conventional wrongful dismissal case but as I have said this is not that kind of case.

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