Economic climate plays insignificant role in determining notice period

|Canadian Employment Law Today

Bain v. Insurance Corp. of British Columbia, 2002 Carswell BC 2470 (B.C. S.C.)

In this case the court considered the effect of the economic climate on the appropriate notice period for wrongful dismissal. Bain’s employment was terminated after seven years in a junior managerial position. He was 57 and had worked in the area of information technology and systems management. The dismissal was a result of restructuring. At issue was the appropriate notice period.

Bain argued he should receive 18- to 20-months’ notice, taking into account the economic climate in which few positions were available in the IT field. At the time of dismissal Bain had received seven-months’ notice which the defendant argued was adequate.