In Flack v Whiteoak Ford Lincoln Sales, (20121 ONSC 7176) Justice Dunphy gives a very thorough analysis of how to weigh the various Bardal Factors of age, length of service, character of employment and COVID in relation to this short service employee.
In Ontario, there is a presumption that when an employee is dismissed from their employment without cause, they will receive reasonable notice of the termination (or payment in lieu thereof). While not the focus of this article, it is necessary to note that this presumption can, however, be displaced by contractual language clearly specifying an alternate lawful entitlement.
When it comes to employment contracts in Ontario, details and specifics matter. The myriad of nuances that can dramatically affect liability and risk make employment contracts a topic that we often receive questions about. This Employment Contract FAQ covers some of the most common questions.