Working Notice: How To Ensure It Is Effective

Edited by Jennifer M. Fantini and Naomi E. Calla

Recently, two British Columbia court cases considered the effect of an employee refusing to work after a period of working notice was provided by the employer.

In Allan v. Ainsworth Lumber Co. Ltd.,1 the employer provided notice of termination to the employee in accordance with an employment contract that provided that the employee would receive 15 months' salary and benefits or "pay in lieu". The company gave the employee a letter stating he would be terminated 15 months later, but that he was no longer required to report to work and was to focus his time and energy instead on securing new employment. He was asked to leave the building that day and to turn in any company property. He no longer had access to his company email, telephone or voicemail.

The employee brought a legal action and claimed that the 15 months' pay in lieu of notice was not really notice, but a debt due under his employment agreement. The employer denied that it had terminated his employment and argued instead that it gave the employee 15 months' working...