The obligation to give due notice also applies to employees

Release date: November 1st, 2016

The employer sued a former lab technician following the latter’s resignation without notice after thirty years of service. Given the special relationship between this technician and the clientele, several clients decided to transfer their business to the former employee’s new employer. According to the Superior Court, the obligation to give due notice before terminating an employment contract, as stated in section 2091 of the Civil Code of Quebec, applies to both employers and employees. In the latter case, the purpose of the notice is to allow the employer to recruit and train a new employee, or to restructure his operations in order to compensate for the employee’s resignation. In the case at hand, considering the fact that the employee held a key position, that he was well known among the clientele, and taking into account his years of service, his high level of compensation and his significant responsibilities, the Court ruled that a two-month notice was reasonable, and sentenced the employee to pay an equivalent amount in damages to his former employer.

Pharmacie Jean-Sébastien Blais v. Pharmacie Éric Bergeron and André Vincent Inc., DTE 2016T-287, 2016 QCCS 1306, Justice Danye Daigle [Statement of appeal, 2016-04-22 (C.A.), 200-09-009267-169]


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