3.09. An employer who does not give notice as prescribed in section 3.08, or who gives insufficient notice, must pay the employee, for a period equal to the duration of the notice period to which he was entitled or equal to the remainder of that period, a monetary compensation equal to the average weekly wage received by the employee during his period of continuous service, not to exceed the 6 months immediately preceding the employee’s departure.
The indemnity must be paid at the time the employment is terminated or at the time the employee is laid off for a period expected to last more than 6 months, or at the end of a period of 6 months after a layoff of indeterminate length or a layoff expected to last less than 6 months but which exceeds that period.
O.C. 441-84, s. 8; O.C. 1247-94, s. 4.