How is wrongful dismissal notice calculated in Canada?
Courts assess reasonable notice using the Bardal factors from Bardal v. Globe & Mail (1960): the employee's age, length of service, the character of their employment, and the availability of similar employment. There is no fixed formula, but a common rule of thumb is roughly one month of notice per year of service, with awards rarely exceeding 24 months.
What is the maximum wrongful dismissal award in Canada?
Courts generally cap reasonable notice at around 24 months, reserved for long-service senior employees. Exceptional cases have exceeded this where unique circumstances made re-employment very difficult. Older employees, long-tenured employees, and senior managers tend to receive notice at the higher end of the range.
Do I have to look for a new job after being dismissed?
Yes. You have a duty to mitigate your damages by making reasonable efforts to find comparable employment. Income you earn during the notice period is deducted from your award. However, you are not required to accept a demotion or a substantially inferior position, and the employer bears the burden of proving you failed to mitigate.
Can I sue for wrongful dismissal if I signed a termination clause?
Possibly. Many termination clauses are unenforceable because they attempt to limit you to less than the statutory minimum or are ambiguously drafted. If a court strikes down the clause, you become entitled to full common-law reasonable notice. Have an employment lawyer review your contract before accepting a severance offer.