What is the reasonable notice period for the termination of a plaintiff's employment?

British Columbia, Canada


The following excerpt is from Smith v. Pacific Coast Terminals Co. Ltd., 2016 BCSC 1876 (CanLII):

I am satisfied, given the character of the plaintiff’s employment, his length of service, the availability of similar employment and his age, that 19 months is the appropriate period of reasonable notice in the circumstances (Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986). This submission is consistent with the submissions of the parties that damages should be assessed in this case on the basis that a reasonable notice period for the termination of the plaintiff’s employment was 19 months. The defendant’s counsel also said that the period of reasonable notice could not be beyond 19 months as that was when the plaintiff was offered alternate employment that he did not accept which was on similar terms to his employment with Pacific Coast.

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