In the recent Ontario Superior Court decision of Fraser v Canerector Inc. (2015 ONSC 2138), the “season” during which Mr. Fraser was terminated was held to be a significant factor in determining his reasonable notice period. The Court raised his notice period by 50% – from 3 months to 4.5 – because, had he been terminated in the winter months as opposed to June, he would not have had as much difficulty securing new employment. Regardless of the fact that Mr. Fraser was terminated during the summer months, when “key decision-makers” were more likely to be on vacation, Mr. Fraser was able to secure employment within 10 weeks of his termination.

What does this mean for employers?

When terminating employees, especially senior ones, the timing of termination has become a potential factor to be taken into account when assessing reasonable notice periods.

This post is intended to provide general information concerning developments in the law and is not intended to provide legal advice in respect of any particular situation.