Worker questions whether silence during transition means accepting employer's terms
The Supreme Court of British Columbia recently dealt with a wrongful dismissal claim involving a controller who received eight months' working notice in October 2022.
The worker was told his employment would end the following June, and that during this notice period, he would carry out his usual duties with no changes to the terms and conditions of his employment.
However, the worker argued that his duties were systematically reduced during the notice period until he was left with virtually nothing to do.
The worker challenged whether the eight-month notice period was reasonable given his age, length of service, and senior position.
He also claimed he was constructively dismissed when his role changed significantly during the notice period.
The worker, a 63-year-old Certified Professional Accountant (CPA), had served as controller since September 2014.
The plumbing contractor had grown from a small residential service to a commercial-focused operation employing 35 to 45 workers.
In his controller role, the worker reported directly to the company's president. His annual salary was $80,000, along with vacation and benefits.
His responsibilities included managing accounting personnel, ensuring compliance with administrative policies, coordinating month-end accounting, preparing financial statements, managing payroll and benefits, administering...
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