Reasonable Notice Entitlement
An employee whose employment has been terminated without just cause is entitled to either:
- reasonable advance notice of the effective date of termination;
- reasonable compensation in lieu of such advance notice; or
- some combination of advanced notice and compensation.
The courts will consider a number of different factors when determining an individual's reasonable notice entitlement. The most important factors considered by the court are:
- the character or nature of the employment;
- the length of service of the person;
- the age of the individual; and
- the availability of similar employment.
In Ontario the highest court awarded period of reasonable notice, with the exception of employment contracts which provide for a more generous severance entitlement, is a maximum period of 30 months.
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