Wrongful dismissed: Under One year of Employment? Don't Fret... You May Still Have a Financially Worthwhile Claim for Wrongful Dismissal!

Short term non-unionized employees can still have a sizeable entitlement to pay in lieu reasonable notice depending on their individual circumstances.

This is because length of service is only one factor to be considered in the equation and isn't always the most important consideration. In Wellman v. Herjavec Group Inc., a wrongfully dismissed plaintiff with only 51 weeks of service (less than a year) was awarded 4 months pay in lieu of reasonable notice.

Aitken J., speaking for the Court, reasoned his decision out as follows:

At the time of his dismissal, the Plaintiff was 40 years old, married, and the father of two children. His mid-range age is a neutral factor. He was not at the beginning of his career, where an employment set-back can be recovered from more easily. At the same time, he was not nearing the end of his career when a dismissal from employment can turn into a forced retirement. He was young enough, and had enough of his working life ahead of him, to still be of interest to employers. At the same time, it would be reasonable to assume that, by his age, he could have family responsibilities that might make him less mobile than a young person starting out in a career, and this is of some relevance when mitigation is considered. 

Robert H. Tanha, Employment Lawyer
"You want me on your side. You need me on your side."
Equity Court Law Chambers
Woodbridge, Ontario
Serving the Greater Toronto Area
Tel: 416-706-5890
Fax: 905-851-9447
Email: robert.tanha.equitylaw@gmail.com 

* This article is provided for general information purposes and should not be considered a legal opinion.  Clients are advised to obtain legal advice on their specific situations.