WITHOUT PREJUDICE
Date
BY MAIL
Other Party Full Name
Other Party Full Address
Dear [Other Party]:
Re: Summary Advice
Paragraph 1:
 Indicate that we represent the client.
 Establish that the client was employed by the employer, when the client was terminated, and how
much notice, if any, the employer provided to the client. (Often there will be no notice.)
Paragraph 2:
 Indicate how much notice we feel the client is entitled to. (e.g. “In our opinion, Ms. X was
entitled to notice period of 3 months prior to termination.
 Make it clear that we are asking the employer to pay the unpaid notice.
 If there is an issue regarding just cause or constructive dismissal, indicate our position.
Paragraph 3: Legal Basis for Notice
 Under the common law, there is an implied term in employment contracts that an employee will
continue to be employed for a reasonable length of time. This means that if the employer
terminates an employee, the employee is entitled to a reasonable period of notice before the
termination takes effect. If the employer does not provide this notice period, then the employee
is entitled to payment in lieu of notice, equal to the amount of wages/salary the employee would
have received during the notice period.
 Courts will take the following factors into consideration in determining a reasonable period of
notice:
 Character of employment
 Length of service
 Age of the employee
 Availability of similar employment
 Applying these factors to this case, we find that a reasonable period of notice is: _______ (e.g. 3
months, 6 months, etc.)
Paragraph 4: Just Cause (Do not use unless instructed by supervising lawyer – normally we do not
anticipate defences)
 In McKinley v BC Tel, [2001] 2 SCR 161, the Supreme Court of Canada held that just cause will
only arise when an employee acts in a way that “violates an essential condition of the
employment contract, breaches the faith inherent to the work relationship, or is fundamentally
or directly inconsistent with the employee's obligations to his or her employer.” Importantly, the
employer bears the burden of establishing just cause. A single incident will not be enough,
except in special circumstances. Rather, just cause only arises from conduct so severe that it is
inconsistent with the continuation of the employment relationship because it constitutes a
fundamental breach going to the root of the contract.
 Analyze the client's facts in light of this law and argue why there was no just cause. You may
also wish to examine relevant cases.
 Depending on the facts, you may wish to discuss just cause sooner in the letter.
Paragraph 5: Constructive Dismissal (Do not use unless instructed by supervising lawyer – normally
we do not anticipate defences)
 Even if an employer has not expressly terminated an employee, there are some situations where
the law will imply termination. This is called “constructive dismissal.” Constructive dismissal
can occur when an employer fundamentally changes the employment contract. For example, if
an employer significantly reduces the responsibilities, status or salary of the employee, this may
result in constructive dismissal.
 Analyze the client's facts. It may be useful to research similar cases.
 Depending on the facts, you may wish to discuss constructive dismissal sooner in the letter.
Paragraph 6:
 Repeat how much money we are asking for.
 If our client does not receive this money within 14 days, she will file a claim against you in the
Small Claims Division of the BC Provincial Court without further notice.
Please direct any correspondence on this matter to:
Law Students' Legal Advice Program
Attn: YOUR NAME
1822 East Mall, Room 129
University of British Columbia
Vancouver, BC V6T 1Z1
If you have any questions or comments, please do not hesitate to contact the Law Students' Legal
Advice Program office at 604-822-5791. When calling, inform that you wish to speak to YOUR
NAME.
Please note we do not represent your legal interests. We strongly advise that you seek independent legal
advice.
Sincerely,
Law Students’ Legal Advice Program
Per:
YOUR NAME
Law Student