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Ontario courts apply “exceptional circumstances” to severance disputes
02/11/2023
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Chantelle Cloete
Chantelle Cloete, Reporter

The length of service, contribution to the company, and the age of two senior IT workers were considered by Ontario’s Court of Appeal in its upholding of two severance awards.

The decisions in Lynch vs Avaya Canada and Milwid v IBM Canada are noteworthy as the appeals court held that the traditionally accepted “cap” of 24 months’ severance should be treated as a discretionary guideline.