Short-term employees and the COVID bump | Stuart Rudner

By Stuart Rudner (October 7, 2022, 1:22 PM EDT) -- In my mediation practice, many of the wrongful dismissal claims that I am seeing include a claim for a “COVID bump,” which is reminiscent of the “Wallace bump” we used to reference before the Supreme Court of Canada fixed things in Honda v. Keays, 2008 SCC 39 — but I digress. The theory is simple: if common law notice periods are intended to reflect the length of time it will take to find new work, then a global pandemic which dramatically affects the economy should be taken into account. The question, however, is how it should impact notice periods....