Bardal Factors: They’re Only Part of the Severance Story
In Canadian employment law, knowing your rights when you lose your job is crucial. The Bardal Factors play a key role in deciding what you’re entitled to in these situations. These factors help determine what compensation you may be owed after being let go from your job. Understanding the Bardal Factors is an important first step in making sure your severance entitlements reflect your situation.
What Are the Bardal Factors?
The term “Bardal Factors” comes from the leading Supreme Court of Canada case Bardal v. Globe & Mail Ltd., [1960] O.J. No. 149 (H.C.). This case established a set of foundational factors that courts in Canada continue to use when determining an employee’s entitlement to reasonable notice of termination, including:
- The character of the employment (e.g., role, seniority, responsibilities)
- The employee’s length of service
- The employee’s age at the time of dismissal
- The availability of similar employment, taking into account training, education, and experience
These factors have shaped how courts, lawyers, and organizations approach severance entitlements for over six decades. But they are not the full picture.
Courts Consider More Than Just Bardal
While Bardal provides a strong foundation, courts in Ontario and across Canada have, over time, considered dozens of other factors in determining severance entitlements.
These may include:
- Whether the employee was recruited or induced to leave secure employment
- Whether the termination occurred while the employee was on leave due to disability or parental responsibilities
- Whether the employee was offered a reference or help securing new employment
- Whether the employee has health limitations or is nearing retirement age
- Whether the industry is declining or undergoing major changes
- Whether the employer acted in bad faith or with insensitivity at the time of termination
- Whether the employee had non-compete clauses or barriers to re-employment
- Whether the employee was misclassified as an independent contractor
Courts have considered more than 50 separate factors depending on the facts of the case. Each situation is unique, and so is every severance entitlement.
A Client Story | How a Severance Calculator Almost Cost Him Thousands
Ahmed thought he had a fair severance deal after 12 years with his employer until a friend urged him to double-check. What seemed reasonable was far less than what he was owed under common law. Read Ahmed’s Story.
Why Legal Advice Still Matters
While the Bardal Factors remain a valuable tool, relying on them alone, or using an online severance calculator, can lead to underestimating what you’re truly owed.
Your circumstances are as unique as a fingerprint. Only a severance lawyer can assess the full range of applicable factors and help you determine whether the severance offer you’ve received is fair, inadequate, or worth challenging.
Conclusion: Bardal Is Just the Beginning
The Bardal Factors still matter, but they are only one part of the legal picture. Courts have expanded the scope of what they consider when determining notice entitlements, and many of these additional factors may apply to you.
If you’re facing termination or reviewing a severance offer, it’s important to understand both the Bardal Factors and everything that may go beyond them.
Contact Achkar Law
Don’t leave your severance to guesswork. Understand your rights with a legal assessment that looks at everything courts consider, not just the basics.
Let Achkar Law provide the clear, informed legal advice you need to move forward.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©