The plaintiff employee brought a motion for summary judgment seeking determination of the reasonable notice period following termination without cause.
The employer had provided two weeks’ pay pursuant to a termination clause that both parties agreed was unenforceable.
Applying the Bardal factors, the court considered the employee’s age, short service of approximately 51 weeks, technical qualifications, management-level responsibilities, and mitigation efforts.
The court also evaluated the availability of comparable employment within the regional IT labour market.
Balancing these factors, the court determined that a reasonable notice period was four months and granted summary judgment for the employee.
