In Flack v Whiteoak Ford Lincoln Sales, ( 20121 ONSC 7176 ) Justice Dunphy gives a very thorough analysis of how to weigh the various Bardal Factors of age, length of service, character of employment and COVID in relation to this short service employee.
He also said this about my very own Wrongful Dismissal Database ( WDD) available through Thomson Reuters:
[31] The defendant for its part relied quite heavily on statistical tables comparing large numbers of broadly similar cases suggesting a range about 2.24 months’ notice for salespeople in the 58-70 age bracket with less than one year of service.
[32] In my view, the range suggested by databases such as the “Fisher Database” can provide a useful view of the general range applicable, but this is only a starting point and not an end point.
Having said that a detailed analysis is required for each case on its own merits , he then awards a notice period in line with statistical average as determined by the WDD , or as he calls it the “Fisher Database”.
If you want to find out more about the WDD go to :
www.wrongfuldismissaldatabase.com
If you wish a copy of this case email me at barry@barryfisher.ca