However, the notice period was reduced from the potential maximum because the worker had advanced knowledge that her employment wouldn’t continue indefinitely following the business sale.<\/p>\n
The court stated: “Based on the evidence, it is clear that [the worker] was aware she would not be in her position with [the employer] indefinitely. Following the sale of the initial stake in [the employer], the purchaser advised both [her husband] and [the worker] that upon completion of the purchase, both of them would be phased out.”<\/p>\n
Appeal allowed with increased compensation awarded<\/p>\n
The appeal court overturned the application judge’s classification: “When [the worker’s] role at [the employer] is reviewed in light of all the relevant factors, I conclude she was not a casual employee. Her entitlement to reasonable notice of the termination of her employment should not have been predicated on her classification as a casual employee.”<\/p>\n
The court awarded 18 months’ notice instead of the original six months: “Considering the relevant [legal factors] and excluding irrelevant considerations such as part-time status, I find that a reasonable notice period for [the worker] is 18 months.”<\/p>\n
The final judgment stated: “Given a reasonable notice period of 18 months at a salary of $5,000 per month, [the worker] is entitled to judgment in the amount of $90,000, less the one month of salary paid at the time of termination and minus any additional amounts already paid pursuant to the judgment of the Applications Judge.”<\/p>\n","protected":false},"excerpt":{"rendered":"However, the notice period was reduced from the potential maximum because the worker had advanced knowledge that her…\n","protected":false},"author":2,"featured_media":159388,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[45,49,48,83188,83187,124,83189],"class_list":{"0":"post-159387","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-jobs","8":"tag-business","9":"tag-ca","10":"tag-canada","11":"tag-casual-job-work-hr-canada","12":"tag-hr-news-canada-casual-work","13":"tag-jobs","14":"tag-wrongful-dismissal-hr-canada"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/159387","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=159387"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/159387\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/159388"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=159387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=159387"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=159387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}