The plaintiffs, former employees of CTS, brought a summary judgment motion in a class proceeding arising from a mass termination following a plant closure.
CTS provided employees with approximately 12 months' working notice but did not file the required Form 1 notice with the Director of Employment Standards until the final 8 weeks.
The court held that the ESA requires Form 1 notice on the first day of the notice period provided by the employer, not just the statutory minimum period.
Because CTS failed to provide timely Form 1 notice, the working notice provided prior to the Form 1 filing was deemed void for all purposes, depriving CTS of credit for that period.
The court also found that requiring employees to work excessive overtime during the notice period negated the working notice for those weeks.
However, the court dismissed the claim for bad faith damages.
