What are the Bardal factors for wrongful dismissal in Canada?
The Bardal factors (from Bardal v. Globe & Mail Ltd., 1960) are the criteria Canadian courts use to determine reasonable notice: (1) age of the employee, (2) length of service, (3) character of employment (seniority and specialization of the role), and (4) availability of similar employment (how easy it is to find comparable work). No single factor dominates — courts weigh all factors together. Senior employees in specialized roles who are older tend to receive the longest notice periods.
What is the duty to mitigate after wrongful dismissal?
A dismissed employee has a legal duty to take reasonable steps to find comparable employment. If the employee successfully finds new employment during the notice period, the new earnings are deducted from the wrongful dismissal damages. The onus is on the employer to prove the employee failed to mitigate. 'Comparable employment' means work of similar status, compensation, and responsibility — you are not required to accept a lesser role.
Can my employer dismiss me for cause in Canada?
Dismissal for cause requires conduct that fundamentally breaches the employment contract — repeated serious misconduct, dishonesty, insubordination, or persistent poor performance after warnings. Courts apply a high standard: isolated incidents, poor performance without progressive discipline, or minor misconduct rarely justify cause. Wrongful allegations of cause can result in aggravated and punitive damages on top of the reasonable notice award.