What would have been considered by the court when determining the length of notice given to an employee when they were terminated?
Manitoba, Canada
The following excerpt is from Yosyk v. Westfair Foods Ltd., 1988 CanLII 5737 (MB CA):
In Lazarowicz v. Orenda Engines Ltd., supra, the court thought that the parties would have taken into account the nature and duration of his previous employment, the security it would have provided him, the character of the employee's work and his length of service. The court also thought that the employee would have been influenced by the availability of alternative employment and the employer by the availability of a replacement worker. These factors are not, of course, exhaustive. In determining what period of notice would have been reasonable in any particular case, the court may have regard to any further factor which it thinks the parties themselves would have considered if they had applied their minds to the issue before the happening of the events which led to the termination.
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