Early announcement to workers that a pulp mill was to be transferred to a new owner was not reasonable notice of termination. The company kept workers apprised of the transaction as it progressed but notice of termination was not deemed provided until the transfer was definite and a specific date was provided on which the workers would become employed by the new owner. The transfer also affected pension rights. Therefore, the BC Court of Appeal upheld a trial court’s determination that reasonable notice wasn’t provided. The Court of Appeal disagreed with the trial court’s calculation of notice damages and imposed a notice period of 15 months. It also affirmed an award of damages for lost pension benefits [Kerfoot v. Weyerhaeuser Co. Ltd.,  BCCA 330 (CanLII), July 12, 2013].
Notice of Transfer of Business to New Owner Wasn’t Proper Termination Notice
When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...