Yes, it does, certainly – but remember the golden rule – EACH WRONGFUL DISMISSAL CASE IS DECIDED ON IT OWN FACTS.
The time you spend working with your employer is called your “length of service.” Your length of service is an important factor in the determination of how much severance or reasonable notice you will be paid. A court certainly gives significant weight to how many years you have spent with your employer. In the leading British Columbia decision of Ansari v. British Columbia Hydro and Power Authority, the Court stated that
For reasons which are largely subjective and which I would not presume to disturb, the law requires a longer notice period for a long-term employee even though discharged employees of the same age, skill and responsibility suffering under the same economic factors must be assumed to require an equal period to obtain equivalent employment. The reasons for this anomaly may be that a long-term employee has a moral claim which has matured into a legal entitlement to a longer notice period.
The Court, in another renowned case (Suttie v. Metro Transit Operating Co.) – said it perfectly:
…the longer an individual has worked for an employer the more difficult it is to obtain alternate employment.
It is also important to note that reasonable notice (or your severance as it is often called) is not calculated by a “rule of thumb” of one month per year, despite what you might have heard. All the relevant factors must be considered and weighed by the court in determining reasonable notice. This point is particularly important in short service cases where notice can be much greater than ”a month per year of service.”
Overemphasizing length of service and either ignoring or under-weighing other factors in the calculation of severance is an error in principle. Your employer needs to take it into consideration.
I recently had a consultation with Mr. Lalande and his assistant, and I was very impressed by their clarity and professionalism. They were upfront and honest, taking the time to explain everything in a straightforward manner, unlike other consultations I’ve had. Even though I didn’t proceed with them, I appreciated their transparency and the clear advice they provided. – Meisa
If you have been unfairly terminated or wrongfully dismissed please call Hamilton employment lawyers 905-333-8888 or speak to our live chat operator who will be happy to help you with your termination or wrongful dismissal issues. We are lawyers in Hamilton that specialize in disability claims, life changing personal injury, wrongful death and employment law related matters.
Article FAQs
The longer an employee has worked with an employer, the higher their entitlement to severance. Courts recognize that long-term employees face more difficulty in finding new employment.
No, severance is not calculated by a simple rule of one month per year. The court considers multiple factors, including the length of service, position, and difficulty finding new work.
In addition to length of service, the court looks at factors like age, experience, job position, and the availability of similar employment opportunities.
If you were wrongfully dismissed, your employer is required to provide reasonable notice or severance. If you were unfairly terminated, you may be entitled to compensation.
A “moral claim” refers to the idea that long-term employees have earned a legal entitlement to more notice due to their years of service, which courts acknowledge.