Interesting observation and food for thought. However, this approach must be carefully weighed against an employer's interest in securing a Release in exchange for payment in lieu of reasonable notice.
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A Court's Assessment of Reasonable Notice Entitlement
My Comment: ... In my reading of thousands of wrongful dismissal cases , it seem that where the employer actually pays what they think reasonable notice is, the Courts’ assessment of reasonable notice is lower than where the employer only pays the ESA minimums and then litigates over the amount of reasonable notice.
Case citation: Delfs v. Stricker, 2024 BCCA 35This appeal challenges the dismissal of a negligence claim stemming from a tragic accident...