September 30, 2002 by Israel Foulon LLP
Question: Is there any difference in the calculation of reasonable notice for a part-time employee as opposed to a full-time employee?
Answer: The case law suggests that the calculation of reasonable notice should be the same regardless of whether the employee works part time or full time. The courts have held that an employee can still be permanent even though she works less than what is considered to be a full work week, and therefore she is entitled to reasonable notice on termination or compensation in lieu thereof.
The distinction between a full-time and a part-time employee is that since notice is calculated in accordance with the employee’s compensation, any payment provided by an employer in lieu of notice will reflect the reduced remuneration which generally accompanies part-time employment.
Peter Israel is the senior partner in the Toronto law firm of Israel Foulon LLP – Employment and Labour Lawyers. He can be reached at 416-640-1550 or pi@qtw38575.mywhc.ca. A version of this article originally appeared in the Carswell publication, Canadian Employment Law Today