In Cronk v. Canadian General Insurance Co., MacPherson J., of the Ontario Court of Justice, broke with precedent. Before Cronk, courts have consistently held that higher ranking employees – ones with more responsibilities, more education, more skills – are entitled to significantly longer notice periods than those employees with less valued skills. However, while character of employment has traditionally been viewed as an important consideration in calculating what qualifies as reasonable notice on termination of a contract of employment, MacPherson J. held that character of employment could not be used to reduce the award for a lower ranking, lesser skilled employee. A clerical employee was as entitled to her period of notice as was a company president, a managing editor, or a regional sales manager. Should the judgment stand? If reference is made to prior case law, employment statistics, and underlying policy considerations, there appears no reason why it should not.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.
Griffith Roberts, "Character of Employment and Wrongful Dismissal Notice: Cronk v. Canadian General Insurance Co." (1995) 4 Dal J Leg Stud 271.