Employment lawyers spend a lot of time thinking about age. A worker’s age can have a myriad of implications, ranging from available training opportunities to the impact of different generational norms. Age is also frequently a focus in wrongful dismissal litigation. The seminal decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC) specifies that a worker’s age is one of the key components that must be assessed when determining dismissal entitlements.
In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.
In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.