The Ontario Court of Appeal in Di Tomaso v. Crown Metal Packaging Canada LP held that the motion judge did not err in granting Antonio Di Tomaso (the “employee”) with 22 months’ reasonable notice on a motion for summary judgment.
The employee was employed with Crown Metal Packaging Canada LP (the “Company”) for over 33 years as a two-piece mechanic and press maintainer (unskilled labourer) and was 62 years of age at the time his employment was terminated. The Company took the position that the employee was an unskilled and low level worker and thus entitled, at most, to 12 months’ notice. The Court of Appeal dismissed the Company’s position and held that there was not a 12-month cap on the notice period of clerical and unskilled workers or any class of worker and that the character of the employee’s employment cannot be used to minimize the notice period to which an employee is entitled.
The Court of Appeal also held that disproportionate weight should not be given to any of the Bardal factors when determining the appropriate notice period. The Court of Appeal held that the motion judge did not err in ordering 22-months’ notice when you take into consideration all of the Bardal factors, which include the character of employment, the employee’s length of service, the employee’s age, and the availability of comparable employment in the market.
Are you unclear on the proper notice period an employee is entitled upon the termination of his / her employment. If so, please feel free to contact us to assist you in determining the proper notice period for an employee who was dismissed without just cause.
Posted on September 5, 2012, prepared by Olanyi Parsons, B.A. (Hons.) LL.B.
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