It is hard to find a new job after you are fired regardless of the reason for the termination. The law recognizes this. In Ontario, employees are entitled to notice or pay in lieu of notice so they can have time to find a new job without much financial disruption.

Finding a new job after a short term of work, especially one that was meant to be indefinite, can be even more challenging. An employee will often need to explain the reason why they were terminated if they hope to obtain a new job. This awkward conversation can lengthen the time it takes to find new employment. The law recognizes this, and courts are giving more notice entitlements to short-term employees.

Grimaldi v CF+D Custom Fireplace Design Inc., 2023 ONSC 6708

The Grimaldi v CF+D Custom Fireplace Design Inc. case is one of the more recent cases where an employee received a substantial notice period despite being a short-term employee. In that case, Joseph Grimaldi was hired to work for CF+D Custom Fireplace Design Inc. (CF+D), in an upper management role. Mr. Grimaldi left his previous job for this job in hopes of earning a greater income. The permanent employment contract was simple only outlining pay and benefits. There was no termination provision. However, after working for less than five months, Mr. Grimaldi was terminated without cause and was provided with two weeks of pay.

The judge found that Mr. Grimaldi was entitled to common law notice, as determined by the Bardal factors. The Bardal factors consider the employee's character of employment, the length of service, the age of the employee, and the availability of similar employment. Courts have added other factors to consider how long an employee may need to find new employment. In this case, Mr. Grimaldi was a senior project manager for 4 months and 23 days, he was 50 years old, and despite over a hundred attempts, he was having trouble obtaining similar employment. In this case, the judge noted that the short term of Mr. Grimaldi's employment was likely a key factor affecting his ability to find similar employment. The judge noted that due to Mr. Grimaldi's age and experience, he would need to have an awkward conversation with prospective employers explaining why he had such a short employment term with CF+D. After considering all the Bardal factors, the judge awarded Mr. Grimaldi 5 months and two weeks of notice.

Takeaways from Grimaldi v CF+D Custom Fireplace Design Inc.

The Grimaldi v CF+D Custom Fireplace Design Inc. decision is notable because of how many months of notice Mr. Grimaldi got despite a short period of work. However, Mr. Grimaldi's case was a perfect storm with him being in a more managerial position and in a higher age bracket, and the difficulty to find similar employment, which are all Bardal factors that suggest a longer notice period. The only minimizing factor was the length of employment. Therefore, I would caution those with a short term of employment to take this case as evidence of how much notice that they are entitled to upon termination.

Typically, an employee who gets terminated after a short period of employment will likely get a shorter notice period than Mr. Grimaldi. Though the Court of Appeal in Love v Acuity Investment Management Inc., (2011 ONCA 130) has noted that the facts of each case determine the relative notice period, length continues to be a significant factor. For most short-term employees, it is easier to take a short amount of pay in lieu of notice over trying one's luck in court, which comes with significant legal fees.

How Suzanne Desrosiers Professional Corporation can help

If you have been fired from your job, you should contact one of the employment lawyers at Suzanne Desrosiers Professional Corporation. We can inform you of your legal entitlements and offer a strategy to get what you are owed. To contact one of our employment lawyers please call us at 705-268-6492 or email us at info@sdlawtimmins.com.