tag:blogger.com,1999:blog-7916767120530431852.post8052842672097660523..comments2024-03-23T13:03:48.917-04:00Comments on Labour Pains: ONSC Judge Would Have Ordered at Least 36 Months Reasonable Notice – If RequestedSean Bawdenhttp://www.blogger.com/profile/12478582658843470140noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7916767120530431852.post-10507102653542017362018-12-05T14:29:18.410-05:002018-12-05T14:29:18.410-05:00Allow me to play devil's advocate and argue fo...Allow me to play devil's advocate and argue for an alternate interpretation of Justice Gordon's use of the word "minimum".<br /><br />It's probably fair to characterize all contractual notice periods - or at least the one established by the common law implied term - as minimums; the employer is contractually entitled to give *more* notice than the range established by the Bardal factors. But in a wrongful dismissal case, you'll only get damages based on the 'minimum' amount of notice the employer could have given you without breaching its obligations.<br /><br />So when Justice Gordon says "this case warranted a minimum 36 month notice period", the word 'minimum' may be referential to the minimum performance principle.Dennis Buchananhttps://www.blogger.com/profile/02338198640943823828noreply@blogger.com