Worker recruited from long-time employer, then fired after 2-and-one-half years

Lengthy service with previous employer a factor in notice entitlement, but not simply added to short service with new employer
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 01/31/2018

An Alberta oil and gas engineer is entitled to 10 months’ damages in lieu of notice for less than two years of employment after he was recruited from a long-term job with another company, the Alberta Court of Queen’s Bench has ruled.

Michael Toole, 49, worked as a senior exploitation engineer with Devon Canada Corporation, an oil and natural gas exploration company based in Oklahoma City in the U.S. with operations in Alberta. Toole was first hired in 1993 by a company later acquired by Devon Canada.

In early 2014, a recruiter for Northern Blizzard Resources, a Calgary-based crude oil production and development company, approached Toole. The job description indicated Northern Blizzard was looking for someone with Toole’s skills and at least 10 years of experience. Once the recruiter told Northern Blizzard management about Toole, they considered him their first choice.