Courts have started to evaluate whether the pandemic should be factored into dismissed employees’ notice entitlement
In 2021, we have begun to see court rulings dealing with circumstances where employees were dismissed proximate to the onset of the COVID-19 pandemic. To the surprise of many, the pandemic has not (yet) resulted in substantially increased common law notice awards for dismissed employees. While this is a positive trend for employers, given that positive COVID-19 cases continue to remain steady in Canada, employers should not discount the impact that COVID-19 can have upon an employee’s termination entitlements going forward.
