What is the appropriate length of notice for a 30 year employee who has been dismissed from his position as a senior management position?
British Columbia, Canada
The following excerpt is from Waterman v. IBM Canada Limited, 2010 BCSC 376 (CanLII):
MacGillivray v. Telus Communications Inc., 2004 BCSC 1394, concerned a 30-year employee who at the time of his dismissal was in a high level management position involving responsibility for 10 other employees. He claimed 24 months’ notice. Tysoe J. (as he then was) found an appropriate length of notice to be 21 months. He held that if he awarded a longer notice period there would be no room for increasing the notice period for employees having more seniority and responsibility.
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