First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Bardal Factors

By | 4 Minutes Read

Wrongful dismissal actions and assessing length of service

In Ontario, employees are presumptively entitled to receive reasonable advance notice of their dismissal from employment, or payment in lieu thereof. To assess what will be “reasonable” in any given circumstance, the courts are guided by a seminal court case from 1960 – Bardal v. Globe & Mail Ltd.

By | 3 Minutes Read

Calculating severance pay during COVID-19

The COVID-19 pandemic has had a devastating impact on our economy over the past year. Many of us have experienced firsthand the struggles of small businesses and hard-hit industries such as the food services sector and tourism. The strains on businesses are unavoidably accompanied by employee layoffs and terminations. Near the beginning of the pandemic, one question on many employment lawyers’ minds was, what impact will the COVID-19 pandemic have on calculating an employee's severance pay?

By | 2 Minutes Read

Wrongful dismissal: Does COVID matter?

This blog will consider a recent case where the judge considered whether the common law reasonable notice period should be increased because the availability of similar employment is limited because of COVID.

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