Following an article written on individual and collective notice of termination across Canada, we wish to make the following clarification with respect to the application of the Quebec Labour Standards Act.
As previously indicated in that article, under Quebec law, the termination (without cause) of not fewer than 10 employees at the same establishment in the course of 2 consecutive months constitutes a collective dismissal and requires that the employer give a minimum notice that varies according to the number of affected employees.
In such circumstances, the employer must also give to each affected employee an individual notice of termination. Both the individual and the collective notice of termination may be given simultaneously. When an employer fails to give the collective notice, he must pay to each dismissed employee an indemnity equal to the time period (or remainder of the time period) within which the employer was required to give notice. However, an employee may not cumulate both the indemnities provided by the individual and the collective notice. He is only entitled to the greater of the two.