Extra Damages if Fired in the Summer

Sep 11, 2015

Extra Damages if Fired in the Summer

A decision from the Ontario Superior Court has recently made the month in which a termination occurs a factor to consider when determining the applicable “reasonable” notice period.

What Happened?

The case considered the termination of a senior executive employee who was terminated from his job in the month of June.

According to the court, but for the time of year he was terminated, the employee was entitled to three months’ as reasonable notice.  Because the employee was terminated in June, the court ruled that he was entitled to an extra month and a half of pay in lieu of notice in addition to the three months. The court held that given the employee’s senior position, it would be more difficult to find comparable work during the summer months as decision-makers would be on vacation. That represents a fifty percent increase in the amount of notice simply because the termination took place in June.

How does this affect you?

We frequently write about the factors that are considered when a judge determines reasonable notice. In the past, judges have not generally taken the season or month into account when determining the appropriate reasonable notice period. However, if you are fired in the summertime, or around Christmas, this decision suggests if you hold an executive position then you may be awarded enhanced wrongful dismissal damages.

If you would like to speak with an employment lawyer with respect to your termination, please contact us at [email protected] or 647-204-8107.

The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.


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