Pregnancy a factor in reasonable notice

Court rules pregnancy should be considered in determining reasonable notice, even it if has nothing to do with dismissal
By Melanie Manning
|Canadian Employment Law Today

In a recent decision the Ontario Divisional Court, on appeal, decided an employee’s pregnancy at the time of her dismissal is a “

Bardal

-type” factor (see below) that should be considered in determining the appropriate period of reasonable notice. This is the case even where the employee’s pregnancy is not the reason for her dismissal: