Supreme Court of Canada to Determine Waiver of Notice Issue

As reported in the Summer 2013 issue of EMPlawyer’s Update, the Quebec Court of Appeal recently held that an employer does not have to provide pay during the notice period if it waives an employee’s notice of resignation, pursuant to section 82 of the Act Respecting Labour Standards. Similar reasoning has not yet been applied in Ontario courts.

In September 2013, the Supreme Court of Canada granted leave to appeal, setting the stage for an eventual pronouncement by the Supreme Court on this issue. We will continue to keep readers apprised of the progress of this case.