Wrongful dismissal in Nunavut

In most jurisdictions in Canada there are statutory and common law protections for employees who have been terminated without cause.  Basically, a statute provides for a minimum notice period before termination and the common law damages are to provide a compensation for a  reasonable notice that is (usually) in excess of that statutory entitlement.  Often employers prefer to terminate without notice and so will say “your job is over today – here is a cheque for the amount of your salary that would be paid during the statutory notice period”.  That is perfectly a proper action for an employer.

Common-law severance is intended to give the employee income for a limited period until they find a new job;  as a result if you are fired today and immediately get another job that pays the same you probably have no entitlement to common law damages although you are still entitled to the statutory notice or payment in lieu thereof..

In Nunavut the statutory notice periods are:

Length of Service                                                                      Required Notice

Less than 90 days                                                                     None

90 days to 3 years                                                                    2 weeks

3 years but less than 4 years                                                      3 weeks

4 years but less than 5 years                                                      4 weeks

5 years but less than 6 years                                                      5 weeks

6 years but less than 7 years                                                      6 weeks

7 years but less than 8 years                                                      7 weeks

8 years or more                                                                        8 weeks

Very few cases dealing with wrongful dismissal have come out of the Nunavut Courts.  One decision, Butschler v. Waters, 2009 NUCJ 4, makes clear the customary common law principles from the other common law provinces apply in Nunavut:

The general rule for indefinite contracts is that the employer can terminate the employment without cause if the employer gives the employee reasonable notice of termination as defined by law. If the employer fails to provide reasonable notice the employee will be entitled to damages for the reasonable notice period: see Ellen E. Mole, Wrongful Dismissal Practice Manual, looseleaf, 2d ed. (Markham: LexisNexis, 2006) at 1-1 to 1-7.