Sentences with phrase «availability of similar employment»

Often ignored is the question of availability of similar employment.

For example, length of service, employee age, position held, and even availability of similar employment may impact compensation.

An employee's entitlement to reasonable notice is dependent on four factors set out by the Ontario courts: (1) age, (2) length of service, (3) character of employment and (4) availability of similar employment.

Reasonable notice should be assessed based on the employee's age, tenure, character of employment and the availability of similar employment, having regard to training qualifications and experience.

H.C.), at p. 145, and focus on the circumstances of the employee: the character of their employment, their length of service, their age, and the availability of similar employment, having regard to their experience, training, and qualifications.»

Considerations include (1) age, (2) length of service, (3) character of employment and (4) availability of similar employment.

and the availability of similar employment, having regard to their experience, training, and qualifications

The court examined similar cases with extraordinary long - service employment records and examined the Bardal factors (the character of employment; the length of service; the age of the employee; the availability of similar employment having regard to the experience, training and qualifications of the employee; and any other relevant circumstances).

There is a presumption that an employee terminated without cause is entitled to common law reasonable notice, which is an assessment of factors such as age, length of service, availability of similar employment and character of position, and can result in a notice period as long as twenty - four (24) months.

availability of similar employment, having regard to the experience, training and qualifications of the employee.

Since 1960, the traditional Bardal factors, which the courts have used to assess «reasonable notice» include: age, length of service, position, responsibility of that position, salary, economic climate and availability of similar employment.

The availability of similar employment is, arguably, the most important Bardal factor.

The reason is that it is rare that any sort of objective analysis of the availability of similar employment placed in front of the judge.

The four factors (age, length of service, character of employment, availability of similar employment) are now commonly referred to as the «Bardal factors».

Considering the availability of similar employment, Goudge J.A. wrote at paragraph 22:

Third, the trial judge gives no consideration at all to one of the Bardal factors, the availability of similar employment.

This analysis made clear that despite there being only 4 Bardal Factors (age, length of employment, character of employment and availability of similar employment), courts routinely consider additional factors and quite frequently disregard, or at least don't report on, one of the factors.

Despite its importance, the availability of similar employment is the Bardal factor most likely to be ignored by a judge.

The availability of similar employment does become a key Bardal factor when the dismissed employee will obviously face unique challenges when attempting to find new work.

Bardal factors include, but are not limited to, your age, your level of expertise, the number of years you've worked with your employer, and the availability of similar employment in the current labour market.

With respect to the third issue raised by Wood, the Court found that in finding that the period of reasonable notice was nine months, the motion judge took into account the well - established factors: the character of Wood's employment, her length of service, her age, and the availability of similar employment in the light of her experience, training, and qualifications.

The Bardal analysis focuses considers four primary factors when calculating the appropriate reasonable notice period: the dismissed employee's (i) age; (ii) length of service; (iii) character of employment; and (iv) the availability of similar employment.

H.C.), at p. 145 established that courts must consider four main factors to determine the applicable notice period for an employee dismissed without cause: (1) character of employment, (2) length of service, (3) age of the employee, and (4) availability of similar employment having regard to the employee's experience, training, and qualifications (the «Bardal factors»).

On the issue of mitigation and the availability of similar employment, Justice Aitken observed that according to the evidence put forward by the Defendant, the information technology industry as a whole was in decline in the months following Mr. Wellman's termination from employment.

The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the 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.

Had he sued the City for wrongful termination, a court would have calculated his pay in lieu of reasonable notice on the basis of a flexible calculus of factors: character of employment, length of service, age, and availability of similar employment (the Bardal factors, cited with approval in Honda Canada v Keays, 2008 SCC 39 at para 28).