However, any agreement or policy that limits the employee to only certain
entitlements during the reasonable notice period must comply with the minimum standards of either the Employment Standards Act («ESA») or Canada Labour Code.
In other words, if a dismissed employee is entitled to 10 months
reasonable notice and 18 weeks»
notice and severance pursuant to the ESA, the court will award the dismissed employee damages representing 10 months»
notice and, presuming the ESA
entitlement has been paid, will reduce the award of damages for the money already paid to the employee
during the
notice period.