By Theodore Goloff, from our Labour and Employment Law Group
April 23, 2020 — Normally, when an employer terminates an employee, “reasonable notice” or pay in lieu thereof is required pursuant to Article 2091 of the Civil Code of Québec. This obligation is in addition to statutory notice under the Labour Standards Act.
The factors to be taken into account have been addressed in several judgments of the Quebec Court of Appeal, without such factors being hermetically sealed. In fact, there are numerous judgments to the effect that reasonable notice is to be decided by the Courts on a case-by-case basis. This presents important problems for employers who are asked to calculate reasonable notice at the time of termination, without knowing, with certainty, how the whole matter is going to play out.