Whether employee has to accept continuation of similar employment

|Canadian Employment Law Today

Chong v. Nuance Global Traders (Canada) Inc. 2002, 16 C.C.E.L. (3d) 243 (B.C.S.C.).

The British Columbia Supreme Court held that a 31-year old non-managerial systems analyst who had been employed for nearly five and three quarter years was entitled to reasonable notice of five months. Upon his dismissal as a result of reorganization, the employee was provided with five weeks’ pay and was offered an additional seven weeks’ pay which he declined.

On the same day, he was offered employment for four months as a project manager, which would have provided a greater salary per month and bonus for completing the project, and was asked to indicate his acceptance by signing and returning the offer after the weekend.