60) In the present case, Smith was a very short-term employee, fired early mid-season. Clearly not an ideal time to be fired from this type of job. In my view, the level of reasonable notice for seasonal workers, is very dependent on when in the season (or off-season) their employment was terminated, and the type of position that they held. The amount of reasonable notice for a short-term general labourer in a seasonal position will, in my view, be much more modest than for a long-term skilled worker, in a seasonal position. A general labourer groundskeeper at a golf course, for example, can more readily transfer their shovel, wheelbarrow, and tractor driving skillset to a broad range of alternative jobs, whereas a specialist, like Smith, can only replace his work at another golf course, and those positions would not be readily available, especially mid-season.
61) Working against Smith is his short tenure with Lyndebrook. Working in his favour, however, is his very skilled position with the employer, and being fired mid-season which would, on a balance of probabilities, make reemployment in his field very difficult: something that Lyndebrook didn’t hotly contest, and nor could they, in my view, given O’Brien’s concession that these positions should be shored up before the season, and her admission that Smith was the only Golf Superintendent to respond to her late employment posting.
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This is what the judge said :
59) I agree with the observations of Gunn J. in Jordison, supra, that “in determining the appropriate notice period, the factors set out in Bardal, supra, must be considered along with the unique circumstances of seasonal employment, such as the length of time remaining until the season begins or until the season ends and the limited employment prospects in the off-season.”