{"id":1046,"date":"2022-06-01T14:23:19","date_gmt":"2022-06-01T18:23:19","guid":{"rendered":"https:\/\/www.debousquet.com\/blog\/?p=1046"},"modified":"2022-06-15T14:26:13","modified_gmt":"2022-06-15T18:26:13","slug":"de-bousquet-pc-upholds-employees-right-to-11-months-pay-in-lieu-of-notice","status":"publish","type":"post","link":"https:\/\/www.debousquet.com\/blog\/2022\/06\/01\/de-bousquet-pc-upholds-employees-right-to-11-months-pay-in-lieu-of-notice\/","title":{"rendered":"De Bousquet PC upholds employee\u2019s right to 11 months\u2019 pay in lieu of notice"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Whether it\u2019s 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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Unfortunately, this is exactly what happened to one of our clients which recently won his case in <\/span><i><span style=\"font-weight: 400;\">Saini v Rosedale Transport Limited. <\/span><\/i><span style=\"font-weight: 400;\">\u00a0After 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\u2019s severance to the bare minimum he was due under the Canada Labour code, a meager 20 days\u2019 worth of pay.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">After De Bousquet PC skilfully argued Mr. Saini\u2019s case before the Superior Court of Justice, the court found that the plaintiff was entitled to 11 months\u2019 pay in lieu of notice.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In reaching this decision, the Court considered numerous factors such as:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the character of the employment<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the length of service\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the employee\u2019s age, training and qualifications<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the availability of new employment<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the prospects of finding suitable employment (especially relevant because of the pandemic)<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">The biggest takeaway is that seeking expert legal representation can help you receive the severance you deserve. For Mr. Saini, De Bousquet PC\u2019s expert team of lawyers were able to win over $40,000.00, in addition to his legal fees (costs).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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. <\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Whether it\u2019s 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. \u00a0After 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&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,7,6],"tags":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/posts\/1046"}],"collection":[{"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/comments?post=1046"}],"version-history":[{"count":1,"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/posts\/1046\/revisions"}],"predecessor-version":[{"id":1047,"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/posts\/1046\/revisions\/1047"}],"wp:attachment":[{"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/media?parent=1046"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/categories?post=1046"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debousquet.com\/blog\/wp-json\/wp\/v2\/tags?post=1046"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}