Bardal Factors Decoded: A Closer Look at Employee Entitlements
In the area of Canadian employment law, Bardal Factors occupy a central role in shaping the outcomes of disputes between employers and employees. These factors have a significant influence on determining what employees are entitled to when their employment relationships come to an end.
When an employee is dismissed, employment lawyers and the courts consider a myriad of factors which determine an employee’s entitlements upon termination. Among these factors, there are four which are commonly analyzed to help determine the appropriate entitlements of the employee. These factors are referred to as the Bardal Factors.
What Are the Bardal Factors?
The Bardal Factors stem from a 1960 case of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC). The factors that are typically considered are:
- The nature and character of the employment;
- length of service;
- age of the employee, and
- likelihood of securing similar employment considering the employee’s experience, training and qualifications.
As a reminder, it’s important to recognize that the landscape of employment termination in Canada is multifaceted, with potentially hundreds of factors that can influence an employee’s entitlements when their employment comes to an end. The Bardal Factors serve as a fundamental framework, providing a starting point for elements that are typically taken into account during the evaluation of each unique case.
However, it’s crucial to emphasize that the determination of entitlements in employment termination cases is far from a one-size-fits-all process. In fact, all the factors that may be relevant in establishing an employee’s entitlements are assessed on a case-by-case basis. This approach ensures that the specific circumstances and nuances of each individual employment relationship are taken into consideration.
Given this variability, it becomes evident why seeking professional legal guidance is not only prudent but often necessary. Employment law is intricate, and the application of Bardal Factors and other relevant considerations requires a deep understanding of legal precedents and regulations. Therefore, if you find yourself in a situation where your employment has been terminated, it is essential to consult with an experienced employment lawyer.
By enlisting the experience of an employment lawyer, you can be confident that your unique circumstances will be thoroughly evaluated, and you will receive counsel tailored to your specific case. This ensures that you are not only aware of your rights but also that you receive all the entitlements owed to you under the law. Employment lawyers possess the knowledge and experience necessary to navigate the complexities of employment disputes, negotiate on your behalf, and pursue a resolution that is just and equitable given the circumstances you face.
In conclusion, while the Bardal Factors provide a valuable framework for understanding the factors that influence employee entitlements, the unique nature of employment terminations necessitates individualized attention. Therefore, reaching out to an employment lawyer is a prudent step to safeguard your rights and ensure that you receive the entitlements you are owed based on your specific set of circumstances.
Contact Us
If you are an employer who needs assistance with the dismissal of an employee, or an employee who has been dismissed and want to know your entitlements, our team of experienced employment lawyers at Achkar Law can help.
Contact us by phone toll-free at 1 (800) 771-7882 or email us at [email protected] and we would be happy to assist.
