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Bardal

By Matt Lalande, Lalande & Company Lawyers | 3 Minutes Read April 9, 2012

Variables affecting length of notice: age

We know that there is no precise method to determine the common-law period of reasonable notice when terminating employees. What has evolved and has been the most quoted case to help with this is the infamous Bardal vs. Globe and Mail. This case tells us that reasonable notice must be decided with reference to each specific case, considering the character of employment, length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.

Article by Matt Lalande, Lalande & Company Lawyers / Employee Relations, Employment Standards, Payroll / age, availability of similar employment, Bardal, Bardal Factors, Bardal vs. The Globe & Mail, BFOR, bona fide occupational requirement, common-law entitlements, employment contract, employment law, employment standards act, experience, Law vs. Canada, Moran vs. Atlantic Co-operative Publishers, notice period, Peacock vs. Western Securities Ltd., qualifications, retirement age, termination, Termination clause, termination notice, training

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read March 1, 2012

Employers still liable for bonuses during notice period

The recent decision of the British Columbia Supreme Court in Szczypiorkowski v. Coast Capital Savings Credit Union is not particularly groundbreaking, but it does affirm a number of important points for employers...

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / annual bonus, Bardal, Bonus entitlement on termination, breach of policy, employment law, Ferguson v. Kodak Canada Inc., inappropriate email, just cause, mitigation, notice period, reasonable notice, reference letter, sexual harassment, Szczypiorkowski v. Coast Capital Savings Credit Union, termination, withdrawing just cause claim, wrongful dismissal

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