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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101057
Experience:  Lawyer
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Company is downsizing and i am being dismissed with out cause.

Customer Question

Company is downsizing and i am being dismissed with out cause. I am the Regional Manager of Credit Operations for Western Canada and the US. I have managed up to 14 people in the past and currently manage 8. According to Management comments I have exceeded all plans and expections during my 21 year tenure.
I have worked for the current Fortune 500 company for 21 years
I am 66 years of age. They have offered me 3 weeks for every year worked. My medical coverage will be cut off as of July 31/15. My RRSP contributaions will be terminated on June 5.
Reading such court cases such as Bardal v.Globe & Mail Ltd (1960) Ansari v. BC Hdro (1986) and many others, it would appear precedents has been set to recognize
Tenure, Age and Experience. Would i be out of line requesting 5 -6 weeks for every year. Medical coverage and RRSP contributions for the same period
many thanks. Lorraine
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear this. 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. 5 - 6 weeks is not going to be considered reasonable. If you were not in a managerial position the Court would order somewhat less.But in terms of benefits, they are to go on for as long as your notice period so if you get one month for each year and so get 21 months pay you will also get 21 months benefits.
Customer: replied 2 years ago.
I am in a managerial position. You didn't respond re RRSP see Steinebach v. Clean Energy. As part of Benitits am i entitled
RRSP contributions for the 21 months
Expert:  Debra replied 2 years ago.
I know you are in a managerial position and that is why I suggested one month per year. Yes you are entitled to RRSP contributions. You are entitled to all you would be getting if working during those months.
Customer: replied 2 years ago.
Terrific thank you
Expert:  Debra replied 2 years ago.
You are very welcome.