Sentences with phrase «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.

Part of the rationale for the notice awards being higher than anticipated by employers is the recognition that the hiring cycle to obtain similar employment has increased.

It was therefore likely that the plaintiff could have easily found similar employment had he taken all the reasonable steps to do so.

Often ignored is the question of availability of similar employment.

Here both considerations suggest that obtaining similar employment would be harder rather than easier.

In contrast, a senior, highly paid, employee whose career was spent working in an industry that is now in decline may find it difficult to ever find similar employment.

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.

This explains why, between 1990 and 2009, men present similar employment rates — regardless income - while women from low income households barely participate in the labor market, not only in comparison to their female peers but to men as well.

The Court in Deputat emphasized that the plaintiff's failure to begin a formal search for similar employment during the first seven months of his working notice period represented a failure to mitigate: paras 27 - 28.

In my view, this agreement effectively eliminated any opportunity to obtain similar employment during that year and it seriously impeded his ability to obtain employment at all, even in fields beyond the reach of the non-competition agreement.

The data shows similar employment barriers also exist for the children of immigrants, especially those whose parents are visible minorities, despite the fact they achieve higher levels of education than Canadian - born children.

There is not much similar employment in the area and the commute to Aylesbury in Buckinghamshire would be far too much on a daily basis.»

The researchers also found that black and white men with similar scores and family backgrounds had similar wages and, contrary to the findings of Neal and Johnson, generally experienced similar employment rates and annual earnings as well.

Employment contracts often contain covenants restricting the employee's right to pursue similar employment or solicit the former employer's customers or employees after employment termination.

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.

It seems to me that when employment is unavailable due to general economic conditions, there has to be some limit on the period of notice to be given to discharged employees even if they are unable to secure similar employment within the notice period.

While the plaintiff in Ceccol made no attempt to find similar employment following termination, there was credible evidence that government retrenchment left the plaintiff with few employment opportunities.

Both are relevant in assessing similar employment opportunities: see Belzberg v. Pollock 2003 BCCA 71 (CanLII), (2003), 10 B.C.L.R. (4th) 255 (C.A.) for an example of the relevance of equity ownership in this assessment.

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.

75 In contrast, the plaintiff in Cimpan v Kolumbia Inn Daycare Society, 2006 BCSC 1828 («Cimpan «-RRB- had her claim dismissed entirely due to a failure to look for similar employment.

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.

Having regard to the fact that the respondent is older than Ms. Sharma, that he has no realistic possibility of obtaining similar employment and that he had a longer tenure of service than Ms. Sharma, but considerably less than the plaintiff in Di Tomaso v. Crown Metal Manufacturing Packaging Canada LP, 2010 O.J. No. 4414, we conclude that an appropriate notice period is 18 months.

Historically, courts have drawn a distinction between management and non-management employees in determining notice, and have assumed that the former may require more time to find similar employment than the latter.

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).

For the remaining 6 months, the employee's damages were reduced by 50 % to reflect the employment income that should have been available to him if he had used reasonable efforts to attempt to obtain similar employment.

76 In cases where an employee refuses a specific offer of similar employment, some courts have reduced the plaintiff's notice period to the date of that unreasonable refusal.

81 In Robinson, Lee J found that the plaintiff did not take several basic steps to find similar employment.

In that case, there was evidence of similar employment, but the plaintiff instead chose to open her own business, for which she enrolled in a college program.

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 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 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»).

Age, character of employment and available of similar employment are also major factors that are taken into account.

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.

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).

Life insured has been continuously disabled for a period of 1 year and has been determined by the Company to be incapacitated to such an extent as to render that person unable ever to resume own or similar employment.