In Zoldowski v Strongco,( 2015 CarswellOnt 5485) Hood J. determined that a 39 yr old clerical employee with 17 years service was awarded 14 months notice. The judge agreed that the character of employment is less important ( quoting OCA in DiTomaso v Crown Metal 2011 ONCA 469). Hood said ” If anything, employees with a particular marketable skill are more valuable to employers and should have a easier time finding employment. The plaintiff herself is a case in point. Her skills were vulnerable to automation and she was replaced with a computer. ”
Query, on the assumption that a lousy employee would probably have a harder getting a job than an excellent employee, shouldn’t the lousy employee get a longer notice period than the great employee. Or , in other words, should not the schmuck get a longer notice period than the star?
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