Hussain was dismissed without cause and it is assumed that he does not have an employment contract with an enforceable termination provision, therefore he was wrongfully dismissed. When one is dismissed without cause, they are entitled to a termination notice or pay in lieu of notice, also known as severance pay. The notice period or payment in lieu of notice period is determined by looking at the employment contract, termination provisions in the ESA, and the common law. Since an enforceable termination clause is void, Hussain is entitled to reasonable notice of dismissal. Under the common law, some of the factors considered in order to determine reasonable notice are length of service, character of employment, employee’s age, and job tenure.
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He is entitled to salary, benefits, insurance, such as life, accidental death, medical, dental, drug, etc., bonuses, pension, and may also include stock options and company vehicle, if the vehicle was provided for personal use. In the case of Lowndes v. Summit Ford Sales Ltd, the Ontario Court of Appeal established that there is no cap on the amount of reasonable notice upon termination, which an employee may be entitled to because each case varies and should be considered individually. The judge also came to a conclusion that 24 months is the higher range of notice period and only exceptional circumstances will result in notice period in excess of 24 months. Usually notice periods in excess of 24 months have been received by older workers who worked for their former employers for a long time. The 2015 decision of Markoulakis v SNC-Lavalin Inc was that 65 year-old senior civil engineer who was dismissed after 40 years of service was awarded 27 months reasonable notice, whereas in Keenan v. Canac Kitchens Ltd, two contractors received a 26 months notice. Using these cases as precedents and looking at the facts in Hussain’s case, it can be seen that he would at least be entitled to the higher range of 24 months notice period if not more. More information would need to be provided on the circumstances of Hussain’s dismissal and
He is entitled to salary, benefits, insurance, such as life, accidental death, medical, dental, drug, etc., bonuses, pension, and may also include stock options and company vehicle, if the vehicle was provided for personal use. In the case of Lowndes v. Summit Ford Sales Ltd, the Ontario Court of Appeal established that there is no cap on the amount of reasonable notice upon termination, which an employee may be entitled to because each case varies and should be considered individually. The judge also came to a conclusion that 24 months is the higher range of notice period and only exceptional circumstances will result in notice period in excess of 24 months. Usually notice periods in excess of 24 months have been received by older workers who worked for their former employers for a long time. The 2015 decision of Markoulakis v SNC-Lavalin Inc was that 65 year-old senior civil engineer who was dismissed after 40 years of service was awarded 27 months reasonable notice, whereas in Keenan v. Canac Kitchens Ltd, two contractors received a 26 months notice. Using these cases as precedents and looking at the facts in Hussain’s case, it can be seen that he would at least be entitled to the higher range of 24 months notice period if not more. More information would need to be provided on the circumstances of Hussain’s dismissal and