Bardal Factors: How a Court Decides What an Employee Gets In Canada
When an employee is dismissed, employment lawyers and the courts consider a myriad of factors which determine an employee’s entitlements upon termination. Among these factors, there are four which are commonly analyzed to help determine the appropriate entitlements of the employee. These factors are referred to as the Bardal factors. What are the Bardal factors? The Bardal factors stem from a 1960 case of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC). The factors that are typically considered are:
- The nature and character of the employment;
- length of service;
- age of the employee, and
- likelihood of securing similar employment considering the employee’s experience, training and qualifications.
As a reminder, there are hundreds of possible factors which may influence an employee’s entitlements upon termination – the Bardal factors are a starting point of elements that are typically considered in each case. All of the factors that may be relevant in determining an employee’s entitlements are usually decided on a case by case basis. As such, it is essential to contact an employment lawyer to ensure that you are receiving all of the entitlements that you are owed based on your particular set of circumstances.
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If you are an employer who needs assistance with the dismissal of an employee, or an employee who has been dismissed and want to know your entitlements, our team of experienced employment lawyers at Achkar Law can help. Contact us by phone toll-free at 1 (800)771-7882 or email us at [email protected] and we would be happy to assist.
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Disclaimer: This blog is not intended to serve as or should be construed as legal advice and is only to provide general information. It is in no way particular to your case and should not be relied on in any way. No portion or use of this blog will establish a lawyer-client relationship with the author or any related party. Should you require legal advice for your particular situation, fill out the contact form, call (800) 771-7882 or email [email protected].
