IN BRIEF
The traditionally accepted notion that an employment contract
with no express notice provision may require an employer to provide
or pay "reasonable notice" has increasingly come under
the spotlight.
Generally speaking (absent summary termination for misconduct),
when the need to terminate employment arises, notice of termination
is required to be given. The parties will generally first look to
the employment contract in order to determine the required
contractual notice period.
Where there is no written employment contract, or the written
contract is silent as to notice of termination, courts have held
that it is necessary to imply a term of reasonable notice, being a
notice period ranging from weeks to a period of 12 months and
sometimes beyond. Various factors have influenced the length of
notice period including the length of service, seniority of
position, age of employee, opportunity of alternative work and
other relevant facts.
