Times are Tough, Even Judges Are Taking Notice

Common law reasonable notice is intended to provide a cushion between one’s termination and the date on which new employment is secured. It is well acknowledged that determining the length of reasonable notice is an art, and an interplay between many different factors including: your age, position with your former employer, length of service with your former employer, and the availability of similar employment in the market.

While the first few factors are definite and relatively easy to ascertain, the last one, availability of similar employment, is more elusive. In past years, the commonly held belief was that re-employment would be readily available for junior employees, clerical workers and administrative staff. Recent case law acknowledges that difficult economic times make re-employment increasingly difficult across all employment types. At Samfiru Tumarkin LLP we are confident that this shift will operate to assist our wrongfully terminated clients in the fight for adequate notice periods.

When business is booming and companies are thriving, it is fair to expect that employment opportunities will be plentiful. In stark contrast to this happy picture, 2015 has been a very difficult year for many, and the Courts are well aware. In the recent case of Zoldowski v Strongco Corporation, 2015 ONSC 5485, (where associate Stan Fainzilberg successfully represented the plaintiff) Justice Hood took formal judicial notice of the economic downturn in Toronto and the GTA. The term ‘judicial notice’ refers to a rule of law where a fact is so well established and notorious, that it cannot be reasonably doubted or refuted. Further, Justice Hood acknowledged that market conditions are so poor, even those coming from junior and unspecialized roles are having increased difficulty finding work.

The Plaintiff in Zoldowski was thirty-nine (39) years old and had been employed with the company for seventeen (17) years. Being in her late thirties, with such significant employment experience, Ms. Zadowski would typically be considered highly marketable. Despite this, Justice Hood awarded fourteen (14) months’ notice to the Plaintiff who was previously employed as a Parts Administrator. This decision illustrates that irrespective of age and position, difficult economic times warrant a greater cushion for wrongfully terminated employees. While the Plaintiff was qualified for, and applying to, postings for office administrator, purchasing, and inventory control, the depressed economy seriously hampered her search.

Times are tough and competition for employment is significant. To give yourself a competitive edge it is important to subscribe to job posting sites, create an online profile, seek career counselling, and tap your networks. Most importantly, make sure that you have received fair severance and that your cushion will keep you covered while you seek new and exciting employment opportunities.

If your employment has recently been terminated in Ontario, be sure to have a Toronto employment lawyer review your severance package. At Samfiru Tumarkin LLP we will advise you of your rights and fight for what is fair. Contact us today.