In Verigen v. Ensemble Travel Ltd., (2021 BCSC 1934) Justice Milman had a situation of a 55 year old Business Development Director (really more of a sales person) with 13 months service who was given a temporary layoff notice at the beginning of COVID.
It is a well-established principle of Ontario employment law that, barring exceptional circumstances, the maximum severance period an employee can expect to receive upon dismissal tops out at 24 months. Ontario’s Court of Appeal has reaffirmed this point time and again.
In the world of employment, Wallace v. United Grain Growers Ltd. established a duty on the part of employers to act in good faith while in the course of dismissal. In the decade or so following that decision, virtually every wrongful dismissal included an allegation of bad faith.