KEEP COVID-19 IN MIND TO DETERMINE FAIR SEVERANCE ENTITLEMENTS FOR WORKERS

Ever since the seminal I960 case Bardal v. Globe & Mail Ltd., courts usually determine a dismissed employee's severance entitlement with regard to four key factors: * the character of employment * the length of service * the age of the employee * the availability of similar employment havin...

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Bibliographic Details
Published inCanadian HR Reporter Vol. 34; no. 1; p. 26
Main Author Ostrowski, Simone
Format Trade Publication Article
LanguageEnglish
Published Toronto HAB Press Limited 01.02.2021
Subjects
Coronaviruses
COVID-19
Economic conditions
Employees
Employers
Employment
Pandemics
Severance pay
Canada
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Summary:Ever since the seminal I960 case Bardal v. Globe & Mail Ltd., courts usually determine a dismissed employee's severance entitlement with regard to four key factors: * the character of employment * the length of service * the age of the employee * the availability of similar employment having regard to the experience, training and qualifications of the employee. Put another way, an employer cannot rely on a poor economy and reduced profits to justify paying out less severance - see, for example, the Ontario Court of Appeal's 2015 decision Michela v. St. Thomas of Villanova Catholic School. While all of these cases were decided before the COVID-19 pandemic, they readily translate to the present and confirm that any form of economic slump can be cited by an employee to support a greater severance entitlement in court.
ISSN:0838-228X