In Adrain v Agricom International Inc., 2025 BCSC 1842 Justice Bongers had a situation where an employee was given 13 months working notice. Feeling that that notice period was inadequate ( which out was as she had 30 years service ) she engaged a lawyer to first write two letters demanding $200,000. This was refused by the employer so the employee started a lawsuit.
The Court held the following :
1. Suing your employer while still working is not just cause .
2. However it does constitute a repudiation of the contract if the employer accepts the repudiation.
3. In calculating damages you first determine the proper notice period ( 24 months in this case) then you deduct the period of working notice that the Plaintiff did work PLUS the amount of working notice that she did not work
Thus in this case 24 months was the reasonable notice period.
She actually worked 1.5 months before the repudiation.
She failed to work the remaining 11.5 months of working notice .
Thus her entitlement was : 24 – ( 1.5 +11.5) = 11 months
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