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I am 59 and I was terminated after 5 years from a part time retail sales position after a layoff due to Covid, after which the company filled for credit protection (CCAA). My question is how do I figure out my average weekly wage amount to calculate how much is owed in severance when I worked a fluctuating part time schedule? I was offered 21weeks in my termination letter from the company but when I received my paperwork from the Court appointed lawyers handling the CCAA process, only a dollar amount was giving. How can I dispute this offer when I don't know how they calculated it or if it's even correct?
Under the Ontario Employment Standards Act, the weekly calculation would be based on an average of your last 12 weeks of work. Alternatively, at common law, you could use your 2019 earnings and pro-rate them for 21 weeks of pay.