What is the appropriate notice period for an employee who was constructively dismissed?
British Columbia, Canada
The following excerpt is from Watson v. Seacastle Enterprises Inc., 2007 BCSC 365 (CanLII):
Because the plaintiff was constructively dismissed, she is entitled to damages in lieu of notice. To determine the appropriate notice period in each case, Lowry J., in Peterson v. Wilson Logistics, 2003 BCSC 215 at para. 14, explains that: One month of service for each year of employment is a sound starting point, but is no more than a guideline. Rather, notice should be determined by considering the four Bardal factors in the context of the case.
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