"Lynch v. Avaya: A Notice-Able Change In Wrongful Dismissal Precedent?"

In the ever-evolving landscape of employment law, the recent decision of the Ontario Court of Appeal in the case of Lynch v. Avaya Canada Corporationhas caused a stir. This 2023 decision reflects the dynamic interpretation of wrongful dismissal, reasserting the complexities involved in determining reasonable notice periods for terminated employees – particularly where those employees are long-tenured.

The historical yardstick for wrongful dismissal cases has been predominantly rooted in the criteria established by Bardal v. The Globe & Mail Ltd., a beacon that has long guided the determination of reasonable notice periods. In Lynch, however, the Court of Appeal upheld a 30-month notice period, which is noteworthy as it extends beyond the traditionally-perceived cap of 24 months. While there have been other Canadian awards to exceed this "soft cap", they have been very specific about the types of "exceptional circumstances" that led to such awards.