Employer’s finances not a factor in determining notice: Appeal court

Court of Appeal overturns lower court's decision limiting notice entitlement for wrongfully dismissed employee
|Canadian Employment Law Today|Last Updated: 01/06/2016

An Ontario employer’s tough financial circumstances shouldn’t be used as justification for reducing the notice to which dismissed employees are entitled, the Ontario Court of Appeal has ruled.

Domenica Michela, Sergio Gomes and Catherine Carnovale were teachers at St. Thomas of Villanova Catholic School, a private secondary school in LaSalle, Ont. They each worked on a series of one-year contracts — Gomes for 13 years with three leaves of absence, Michela for 11 years with one leave of absence, and Carnovale for eight years. Each one-year contract ended in June, at which point the school evaluated its requirements for the upcoming school year and extended new contracts to the teachers.