What is the reasonable notice period for an employee to claim damages for non-payment of severance?

New Brunswick, Canada


The following excerpt is from Mathew v. Kinek Technologies, 2008 NBQB 371 (CanLII):

Determination of the reasonable notice period has another important objective. It establishes the time frame for assessing the employee’s award. The purpose of such award is to put the employee, as nearly as possible, in the same position as he or she would have been in but for the lack of notice. Assessing damages is a rational process for the object of reducing arbitrariness by striving to attain as much arithmetic precision as possible. See Lum v. Shaw Communications Inc., supra per Turnbull, J. A.

The object of the damage assessment here is compensatory, that is, to restore the employee to the financial position he would have been in had he received the appropriate notice. [See Lum v. Shaw Communications Inc., supra at paragraph 19, per Turnbull, J. A.]

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