What is the character of the employment of a non-management employee in determining notice of dismissal?
British Columbia, Canada
The following excerpt is from Moore v Instow Enterprises Ltd., 2021 BCSC 930 (CanLII):
The character of the employment refers to the nature of the position that had been held by the employee – the level of responsibility, expertise, and so on. Historically, courts have drawn a distinction between management and non-management employees in determining notice, and have assumed that the former may require more time to find similar employment than the latter. This court has questioned the validity of this assumption and suggested that the character of the employment is “a factor of declining relative importance”: Di Tomaso v. Crown Metal Packaging Canada LP, 2011 ONCA 469, 337 D.L.R. (4th) 679, at paras. 27-28.
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