Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.

But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.

CASES OF NOTE

Employment

Termination of Employment: Reasonable Notice

• Currie v. Nylene Canada Inc.: The Ontario Court of Appeal upheld a reasonable notice period of 26 months, stating there was ample evidence before the trial judge to find exceptional circumstances warranting an award higher than 24 months. This evidence included the fact the employee had worked for the employer since dropping out of high school, she was 59 years old at the time of termination and in “the twilight stages of her career,” she worked in a highly specialized field, and her experience was limited to one employer in one environment. (See our Case in Point of March 14, 2022.)
• Kosteckyj v Paramount Resources Ltd: The Alberta Court of Appeal allowed an appeal, in part, of a decision of the Alberta Court of King’s Bench in which the Court found the defendant company had constructively dismissed a 47-year-old employee with 6.5 years of service. The Court of Appeal held that the trial judge erroneously applied the test for constructive dismissal and ultimately found that the employee accepted or acquiesced to the new terms of her employment, including a reduced salary. As a result, the Court of...

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