Inadequate working notice

Failure to provide adequate notice did not constitute repudiation of the employment contract
|Canadian Employment Law Today

In mid-April 1999 Jhaleh Zaraweh was informed that her employment with Hermon, Bunbury & Oke (the “partnership”) would be terminated in two months. After some discussions her working notice was extended to three months ending July 31, 1999. Ms. Zaraweh considered this inadequate notice and expressed her dissatisfaction to the partnership. In response, on June 2, 1999, the partnership extended the notice period to August 31, 1999.

Ms. Zaraweh was still not satisfied with the amount of notice given and on June 29, 1999, filed a claim against the partnership for wrongful dismissal. The claim was served on the partnership on July 5, 1999. Ms. Zaraweh continued to work as scheduled after the partnership had been served. On July 9, 1999, Ms. Zaraweh was sent home by the partnership and her employment was finished.

The matter proceeded by summary trial. The partnership defended the action on the basis that the notice provided was reasonable, and that in any event, Ms. Zaraweh had repudiated the contract by commencing her action while she was still employed and was therefore not entitled to any damages.