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Written notice or compensatory indemnity?

Categories:

Labor and employment law, Civil and commercial litigation

Context

Victor has worked for the company CKLAFFAIRE as a journalist for 6 years. He is smart, hardworking and he is very enjoyable to work with. Unfortunately, he was laid off 3 months ago by the company. He was disappointed to be the one laid off. However, he remained positive through this difficult period. Surprisingly, yesterday he received an email from Joanne, in Human Resources at CKLAFFAIRE, informing him that his employment will cease definitively in 4 weeks. Joanne also mentioned in her email that the 4 weeks written notice is in conformity with the Labour Standards Act. Is this legal?

Acceptable Written Layoff Notices According to the Labour Standards Act

The answer is no. The written notice received by Victor during the period he was laid off is absolutely null. In fact, the employer will have to pay him a compensatory indemnity of 4 weeks of wages, according to the Labour Standards Act. This is an exception to the article 82 of the Labour Standards Act, which provides that the employer must give written notice to an employee before terminating his contract of employment or laying him off for six months or more.The length of notice depends on the uninterrupted service worked for the employer. Consequently, Victor has the right to claim the notice of termination equal to 4 weeks of wages from his employer by filling a complaint to La Commission des Normes du Travail.

Nadia Pola, Lawyer

Alepin Gauthier Avocats Inc.

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