Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.
In a recent Ontario Superior Court decision it was held that an employer’s decision to request a criminal background check after employment had commenced was lawful under the applicable 12–month fixed term contract and the employee was not entitled to damages when her employment was terminated after she refused to consent to the background check.
In the recent decision Podobnik v. Society of St. Vincent de Paul Stores (Ottawa) Inc., the Ontario Labour Relations Board (OLRB) held that the Employer had reprised against the Employee when it terminated her employment after she had exercised her rights under the Occupational Health and Safety Act (OHSA) to refuse unsafe work. The OLRB did not agree that the termination was the result of an legitimate organizational restructuring. Rather, it held that the Employee’s termination was motivated “at least in part” as a reprisal against her for exercising her rights under the OHSA in the weeks preceding her termination.