Reasonable Notice

ASSIGNMENT 4 – Questions & Exercise

  1. What are the main factors used by Common Law judges to determine the amount of reasonable notice? What is the leading precedential case in Canada to support your answer?


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  1. Can any other factors cause the courts to increase or decrease the amount of reasonable notice provided? What case would support such an argument?


  1. I) What is the difference between compensatory and aggravated damages?
  2. II) Provide some examples of the kind of employer behaviour which could result in aggravated damages being awarded.


  1. What are the conditions in which an employee will be expected to accept a job with the employer that has just dismissed him or her as part of an employee’s duty to mitigate?



  1. Janice is the human resources manager for ABC Computers Inc., a small computer rental company with 25 employees. The company needs to downsize its workforce and has decided to terminate two non-union employees: Davidov, a 55-year-old technical worker with 15 years’ service, and Chloe, a 28-year-old middle manager with 5 years’ service. Neither employee had signed an employment contract. Janice has asked you to help her decide how much notice she is required to provide each employee.
    1. How would you try to estimate what amount of reasonable notice a court might order for both employees? Explain your thinking. What would go into such a decision?
    2. Now go a website called “Severance Pay Calculator”: \<\>. This website is created by a Toronto law firm and it uses a software program that estimates how the courts will apply the Bardal Enter the information for both Davidov and Chloe in the program when prompted. You can skip the page that asks about the employee’s salary. What amount of reasonable notice does the severance calculator tell you that a court would order? Were you close in your estimate?
    3. In Ontario, under the Employment Standards Act, the general rule (we’ll discuss specifics and exceptions later in the course) is 1 weeks’ notice for every (part) year worked, with a maximum of 8 weeks’ notice. How does the amount of “reasonable notice” compare with the amount of minimum notice required by employment standards legislation? Why do you think that is?



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