View cases - Stewart McKelvey

Page: 23“There can be no catalogue laid down as to what is reasonable notice in particularclasses of cases. The reasonableness of the notice must be decided with referenceto each particular case, having regard to the character of the employment thelength of service of the servant the age of the servant and the availability ofsimilar employment, having regard to the experience, training and qualificationsof the servant.”[115] Mr. Chandran had eighteen years of service, was 41 years old and earned an annualsalary of $98,824.00 as senior manager at the time of his dismissal.[116] The Bank submits that the reasonable notice period is twelve to fourteen months, basedon case law as summarized in the chart below:Case Age Service Position Salary Notice1 40 19 yrs Manager, Personal Trust $ 38,500.00 12 mos.Department2 46 14 yrs Branch Manager $ 55,336.06 12 mos.3 45 16.5 yrs National Accounts Manager $ 87,729.00 14 mos.2011 ONSC 777 (CanLII)[117] It argues that Mr. Chandran should only be awarded reasonable notice on the low end ofthe range as he identified himself as primarily a “salesman”, and “it has been judiciallyrecognized that sales jobs are readily transferable because the same qualities are necessary for acareer in sales regardless of the industry”. Mr. Chandran submits that the period of reasonablenotice is eighteen months, but he has been able to replace his compensation within fourteenmonths and has presented no evidence regarding lost benefits. I agree with Mr. Chandran thatthe period of reasonable notice, based on a consideration of the Bardal factors is eighteenmonths. However, as he has found alternate employment after fourteen months, he is entitled topay in lieu of reasonable notice of fourteen months.