Sentences with phrase «of availability of similar employment»

Often ignored is the question of availability of similar employment.

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.

Not exact matches

As always, when dismissing an employee on a «without cause «basis, if you want to avoid a long and expensive court process, offer a reasonable notice period which properly reflects the character of employment, length of service, age of the employee and availability of other similar employment.

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.

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 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.

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.

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»).

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

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.

As is often the case in law, what constitutes «reasonable notice» will depend on various factors (known as «Bardal Factors»), such as the character of employment, length of service, the age of the employee, and the availability of similar job opportunities (market conditions) for an employee with similar qualifications.