What factors will the court consider in determining whether an employee is qualified for a similar position?
Ontario, Canada
The following excerpt is from Yip-Young v. L-3 Communications Electronic Systems Inc., 2011 ONSC 4537 (CanLII):
Amongst other factors, it is well settled that the court should have regard to the nature of the position, the length of service, the availability of comparable work and the age of the employee (see Adjemian v. Brook Crompton North America 2008 CarswellOnt 3304 (O.S.C.)).
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