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.
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 courts recently confirmed that layoffs remain a constructive dismissal even in the context of the Covid-19 pandemic.
Despite the many areas that limit unionized employees’ rights, these employees are able to bring human rights claims.
Terminated employees who worked for federal employers may be entitled to more termination pay.