The Court Clarifies that Exceptional Notice Awards will ONLY be Awarded in Cases with Exceptional Circumstances
The Ontario Court of Appeal recently provided some much-needed clarity into whether the Courts will impose a “cap” on the wrongful dismissal notice awards. In our view, the opposing views shared by the Trial Court and Court of Appeal throughout this recent case is a perfect example of why employers need to be especially careful when separating from senior-aged employees. While the unofficial “24-month cap” on wrongful dismissal notice awards remains in place for the time being – both levels of court discussed potential exceptional circumstances that would entitle an employee to a greater notice award. However, the question remains – what exactly are exceptional circumstances? Read more in our recent article on this fascinating case.