Bardal factors

Bardal factors is the shorthand for a passage in a 1960 Ontario High Court decision, Bardal v. Globe & Mail Ltd. A buyer or seller meets it when staff are not kept on after closing, because the decision sets out what the court weighed in deciding reasonable notice, a common-law question separate from the statutory minimum.

What the decision says

The court said there can be no catalogue laid down of what is reasonable notice in particular classes of cases. Reasonableness is decided with reference to each case, having regard to the character of the employment, the length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.

Statute, province and what to ask

Ontario’s Ministry of Labour guide says some employees may have rights under the common law greater than their rights to notice of termination (or termination pay) and severance pay under the Employment Standards Act. Bardal is an Ontario court’s decision, and this entry covers Ontario only; check the rules in the province where the business is. Ask which employees have long service or senior roles, and whether their written contracts address termination. See who pays severance when a business is sold and common-law notice.