Long-Serving Radio Broadcaster Paid 21 Months in Lieu of Notice
January 2021 Charity & NFP Law Update
Published on January 28, 2021

By Barry W. Kwasniewski

Supporting evidence is essential for any employer arguing that an employee could have mitigated their damages by finding comparable employment after termination. The Ontario Superior Court in Rothenberg v Rogers Media Inc. awarded a long-time radio broadcaster 21 months’ compensation in lieu of reasonable notice after he was terminated by his employer and could not find another job in his field. Although the COVID-19 pandemic began during the plaintiff’s reasonable notice period, the court did not hold that to be an exceptional circumstance, although the decision does not entirely settle the issue of how the pandemic may affect reasonable notice. This Bulletin summarizes the facts of the case and highlights the court’s analysis of the issues.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 485.

Read the January 2021 Charity & NFP Law Update