Skip to Content

Notice Period

"Discipline and Discharge In Quebec At the Birth Of The New Millenium"

Jurisdiction: - Quebec

Quebec lawyer Theodore Goloff has written a comprehensive employment law paper entitled, "Discipline and Discharge In Quebec At the Birth Of The New Millenium" (undated).

The paper's Preface reads as follows:

Canada's constitution divides responsibility with respect labour relations and some areas of employment law between the federal and provincial parliaments. Unlike the U.S., the presumptive jurisdiction in labour and employment is provincial, not federal, and this whether the employer opera tes nationally or not. Because property and civil rights are assigned by the Canadian constitution to provincial jurisdiction, the law of contract, and per force the laws that govern the making, enforcement and termination of employment contracts are governed by the laws of the province in which the matter arises.  read more »

Dismissal not "unjust" under Canada Labour Code if employee given reasonable notice or payment in lieu

Jurisdiction: - Canada/Federal
Sector: - First Nations

Chalifoux v. Driftpile First Nation-Driftpile River Band No. 450, [2000] C.L.A.D. No. 368 (Wakeling)

Contractor in "intermediate category" entitled to 9 month notice period

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Marbry et al. v. Avrecan International Inc., 1999 BCCA 172, the majority of the BC Court of Appeal ruled that a contractor in the "intermediate category" was entitlted to 9 months notice that the relationship would be terminating.

In reaching this conclusion, the majority of the court stated:

Application  read more »

Manitoba Court of Appeal: Employee constructively dismissed due to hostile/embarrassing work environment

Jurisdiction: - Manitoba

Whiting v. Winnipeg River Brokenhead community Futures Development Corp., (1998), 159 D.L.R. (4th) 18 (Man.C.A.).