WRONGFUL DISMISSAL - Reasonable notice period or wages in lieu - Length of service

Law360 Canada ( October 14, 2022, 6:36 AM EDT) -- Appeal by the defendant from a judgment finding that the respondent was entitled to 12 months’ notice for dismissal without cause. The appellant hired the respondent in 2011 and terminated her employment in 2016 in the context of creditor protection proceedings. As part of those proceedings, the Court made an order providing for the payment of creditors, including the respondent given her status as a former employee at the time the order was made, and explicitly releasing any claims by creditors. The appellant subsequently re-hired the respondent on the same terms as her previous employment. The appellant then terminated the respondent’s employment without cause in 2019. The appellant argued the motion judge erred in finding that the respondent was continuously employed by the appellant from 2011 to 2019....
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