Knowledge of employment law

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Reference no: EM133158047

Bruce was a 53-year-old high school graduate who had spent his entire working life in the trucking and logistics industry when he was approached by ABC Logistics (ABC) to become its Country Manager for Canada. When first contacted by ABC, Bruce had been the president of an international courier company and he was not initially interested in making the move; ABC had to sweeten its first salary offer to $276,000 to encourage Bruce to join them. They also gave him a signing bonus, payable a week after he started working there in September 2009. The job had a lot of responsibility: Bruce would have over 500 employees reporting to him. There were only six companies in Canada that carried on a similar business. As a condition of employment, Bruce was required to purchase about $100,000 worth of shares as the employer wanted all of its senior managers to have "skin in the game."

However, on June 28, 2012, ABC terminated Bruce's employment on a without cause basis. It offered him two weeks' salary in lieu of notice ($11,115), severance pay ($5,307), and outstanding vacation pay ($20,324). Benefit coverage was terminated as of July 12, 2012.

Bruce sued for wrongful dismissal damages. ABC acknowledged that Bruce was entitled to additional notice but argued that his entitlement should be limited due to his short service. In this argument, the employer relied on the termination clause in Bruce's contract which it said highlighted length of service as a distinctly important factor. The clause provided for a common law notice period "based on your length of service and applicable legal requirements."

Based on your knowledge of employment law, what is the range of reasonable notice damages what are Bruce notice entitlement under ESA?

Reference no: EM133158047

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