What are the Bardal factors?
The Bardal factors, from Bardal v. Globe & Mail (1960), are the criteria Canadian courts use to determine reasonable notice on termination: (1) length of service, (2) age of the employee, (3) character of employment (seniority/responsibility of the position), and (4) availability of similar employment given the employee's experience, training, and qualifications.
Is reasonable notice really one month per year of service?
The 'one month per year' idea is a very rough rule of thumb, not a rule of law. Courts explicitly reject a purely mathematical approach. Notice can be much higher for older, long-service, senior employees and lower for short-service junior employees. The general upper limit is around 24 months, reserved for exceptional cases.
How is common-law notice different from ESA notice?
ESA (statutory) notice is a minimum floor — capped at 8 weeks notice plus up to 26 weeks severance in Ontario. Common-law reasonable notice is usually much larger and is what you can claim in a wrongful dismissal lawsuit, unless your contract has an enforceable clause limiting you to the ESA minimums.
Does mitigation reduce my notice award?
Yes. A dismissed employee must make reasonable efforts to find comparable work, and income earned during the notice period is generally deducted from the damages. Failing to make reasonable efforts to mitigate can reduce the award, though the employer bears the burden of proving a failure to mitigate.