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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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In 2013 I was put a a medical leave of absence. In June of

Customer Question

In 2013 I was put a a medical leave of absence. In June of 2013 the company I worked for told all of us the at the end of June 2013 we had no work ( Work being driving school bus) We were not offered anything as far as severance, other work etc. We were told NO WORK We all filed a complaint with the Labour Board. The Labour Board found in our favour but no money was paid to us Now we have to attend a hearing to prove why we should be paid What should I do or say?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Do all the employees have to attend and explain or just you because of the leave?

Customer: replied 1 year ago.
Everyone has there own date to attend a hearing
Expert:  Legal Ease replied 1 year ago.

I find it odd that anyone has to explain why they are entitled to termination pay, especially when the labour board has already decided that it is owing.

In any event, you are entitled to be paid termination pay because you were dismissed without just cause. The law is that you are entitled to receive reasonable notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

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