Applying theBardalFactors Assignment:

Articulate and apply theBardalfactors to the following case:

Hussain, a 66-year-old lab technician with 36 years' service, was dismissed without cause. Assuming Hussain does not have anemployment contract with anenforceable termination provision, what would be the amount of reasonable notice damages he would be entitled to receive? Support your answer.

Determining the length of reasonable notice pay is not a science, especiallyin light ofrecent court decisions emphasizing the importance of considering all fourBardalfactors, and not giving one, such as length of service or character of employment, undue weight.

Looking at theBardalfactors:

• Character of employment
• Age
• Length of service
• Availability of comparable employment

Consideringall ofthe above, acceptable answersshouldreflect an understanding of the principles behind applying the four factors.

Beaware that:

• awards of notice periods beyond 24 months are still exceedingly rare.
• the reasonable notice damages must at least match ESA requirements, which would be:
• statutory pay in lieu ofnotice: eight weeks (maximum); and
• statutory severancepay:assuming the employer has an annual payroll of at least $2.5 million, Hussain would be entitled to 26 weeks' severance pay (maximum).

BardalFactorsAssignment Question:Respond to both parts of the question below.

1. Part 1:Articulate and apply theBardalfactors to thecase.
2. Part 2:Assuming Hussain does not have an employment contract with an enforceable termination provision, what would be the amount of reasonable notice damages he would be entitled to receive? Support your answer.