Essentials: The Bardal Factors
Update by Parmvir Padda, Lawyer and Erin Brandt, Cofounder
Bardal v Globe & Mail Ltd, 1960 CanLII 294 (ONSC) (“Bardal”) is one of the most cited, and arguably one of the most fundamental, cases in employment law. In Bardal, the Ontario Supreme Court set out a list of factors (now called the Bardal Factors) to be considered when determining how much common law notice an employee is entitled to when their employment comes to an end. These factors include:
The character of the employment;
The length of the employee’s service;
The employee’s age; and
The availability of similar employment.
The Bardal Factors are not applicable where an enforceable employment contract sets out the notice required upon dismissal, where an employee is dismissed for just cause or where the employment is for a fixed period.
The Bardal Factors continue to be a useful guide for courts in wrongful dismissal cases, but keep in mind that in each case the courts weigh certain factors more heavily than others, and will occasionally consider additional circumstances.
