Sometimes, the law works in a way that can make an employment lawyer’s job seem like magic. An ironclad employment agreement can suddenly disappear when the correct language is identified as being in it. Or a series of fixed term contracts, each of which entitles the employee to a nominal amount on dismissal? These can sometimes be negated by showing that the employee was actually on an indefinite term contract under the guise of fixed term ones. Then, the employee is entitled to reasonable notice of their dismissal.
In Pohl v Hudson’s Bay Company (2022 ONSC 5230) Justice Centa awarded at 53 year old Sales Manager with 28 years service a notice period of 24 months. No surprise there. However,
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?