The appellant employer appealed a summary judgment awarding a 62-year-old unskilled employee with 33 years of service 22 months' notice for wrongful dismissal.
The employer argued that multiple temporary extensions of employment constituted working notice and that notice for unskilled workers should be capped at 12 months.
The Court of Appeal dismissed the appeal, holding that the multiple extensions created uncertainty requiring fresh notice under the Employment Standards Act, and affirmed that there is no absolute 12-month cap on notice periods for unskilled employees.