How can I exploit missing Record of Employment for higher severance?

Fair termination pay increase for no Record of Employment and corresponding EI benefit interference.

According to Antidormi v. Blue Pumpkin Software Inc., [2004] O.J. No. 3888::

The company failed to comply with the provision in the Ontario Employment Standards Act stipulating that a Record of Employment must be provided seven days after the date of termination. Far from providing the Record of Employment in a timely way to facilitate her application for Canadian Unemployment Insurance, her Record of Employment was provided five months after the date on which it was due. Blue Pumpkin also delayed in providing her T-4 slip, in turn delaying the filing of her tax return and delaying the processing of her request for a tax refund as a result of her unemployment.

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In my view, Blue Pumpkin's conduct at the time of termination, the mandatory mediation and indeed at the trial, did reflect a blatant disregard, callous and insensitive treatment of Antidormi. Its failure or refusal to address Antidormi's concerns, to treat her fairly, reasonably and decently, taken together, amount to unduly insensitive conduct that has affected her emotionally and professionally and that ought to merit compensation.

Given Blue Pumpkin's bad faith conduct, I would extend the notice period on account of this factor by a further two months.