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De Bousquet PC upholds employee’s right to 11 months’ pay in lieu of notice
Employment LawIn Lieu of PaymentNotice Period

De Bousquet PC upholds employee’s right to 11 months’ pay in lieu of notice

By June 1, 2022June 15th, 2022No Comments

Whether it’s getting sick or being stuck indoors all the time, the pandemic has been a stressful time for many people. Add to that being terminated from your job at the peak of the pandemic with no reference letter to boot, and anyone would find themselves in quite the pickle.

Unfortunately, this is exactly what happened to one of our clients which recently won his case in Saini v Rosedale Transport Limited.  After 10 years of faithful service with his employer, Mr. Saini was laid off during the 2020 COVID pandemic. Not long after his layoff, he was terminated due to a downturn in business. The employer tried to limit the plaintiff’s severance to the bare minimum he was due under the Canada Labour code, a meager 20 days’ worth of pay. 

After De Bousquet PC skilfully argued Mr. Saini’s case before the Superior Court of Justice, the court found that the plaintiff was entitled to 11 months’ pay in lieu of notice.

In reaching this decision, the Court considered numerous factors such as:

  • the character of the employment
  • the length of service 
  • the employee’s age, training and qualifications
  • the availability of new employment
  • the prospects of finding suitable employment (especially relevant because of the pandemic)

The biggest takeaway is that seeking expert legal representation can help you receive the severance you deserve. For Mr. Saini, De Bousquet PC’s expert team of lawyers were able to win over $40,000.00, in addition to his legal fees (costs).

If you find yourself in a similar situation or have encountered other issues with your employment, do not face your difficulties alone. De Bousquet PC has a proven track record of successfully defending the rights of employees and will help you obtain the best results in your case.

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