Reasonable Notice of Termination
Employers in Canada are required to provide employees with ‘reasonable notice of termination’. Failing to do so is a form of wrongful dismissal. Reasonable notice of termination is a requirement to provide advance working notification of a future termination date. The termination date must be clear and unequivocal. Furthermore, all working conditions must remain constant during the reasonable notice period, otherwise, an employee may be able to leave work early, especially where there is a form of humiliation (for example a demotion or pay decrease).
The doctrine of reasonable notice can be awkward for both employees and employers. Essentially, an employee has received notification of a dismissal and is still required to attend the workplace. For this reason, employers are permitted to provide employees with a payment in lieu of reasonable notice of their termination. This is commonly referred to as a severance payment.
How is the Amount of Reasonable Notice Determined?
Reasonable notice of termination must not be confused with the concept of “notice of termination” as required by various employment standards statutes. Those statutes (the Employment Standards Act in Ontario, for example) provide only a minimum amount of notice an employer must provide. But this is not all that the employee is entitled to receive.
The amount of reasonable notice or pay in lieu that employees are entitled to is based upon a number of characteristics, but the most common are age, tenure, position, re-employability and precedents. Precedents are past cases that can be used as examples. Many other factors apply and specific advice should be obtained.
Why Choose Whitten & Lublin Employment & Labour Lawyers to pursue Your Reasonable Notice Claim
Our team of lawyers only take on employment disputes. It’s all we do and we do it well. Our demonstrated results and client testimonials serve to reinforce this. Some of our results include:
- 3 of Canada’s highest ever severance awards;
- Canada’s largest ever group wrongful dismissal claim; and
- Countless examples of individuals who received only the minimum termination notice – extended to a maximum amount by the courts.
If you are looking for a law firm to represent your reasonable notice dispute, don’t settle for less. Call the team with expertise today to schedule a consultation.