The BC Supreme Court awarded 20 months of pay in lieu of notice to the wrongfully dismissed plaintiff in Chu v China Southern Airlines Company Limited, 2023 BCSC 21. Relevant factors included:
- Plaintiff’s age: 68
- Length of service: 8 years
- Job: Marketing and business development manager
- Notice period: 20 months
The plaintiff’s duties were described by the Court as follows:
As Marketing and Business Development Manager, the plaintiff’s work focused on establishing and building CSA’s business in Canada. The plaintiff regularly met with senior corporate management representatives from CSA’s head office in China…During this time, he worked closely and harmoniously with the GM, Ms. Chen. Ms. Chen was a proponent of promoting CSA’s business by building good relations with the local community, including local businesses and industry organizations.
Although the plaintiff was demoted shortly prior to his dismissal, the Court held that it would be reasonable to assess his notice period with reference to his previous managerial position.
In addition to wrongful dismissal damages, the plaintiff was also awarded $50,000 as aggravated damages and $100,000 as punitive damages due to bad faith conduct on the part of the employer.
View more notice periods in the Reasonable Notice Period Chart