Determining Reasonable Notice: Is Character Of Employment A Less Important Factor?

As an employer, when terminating an employee without just cause, it is important to have some sense of the reasonable notice period a court might award in the circumstances in order to prepare an appropriate severance offer. There are generally four key factors to consider when assessing the length of reasonable notice for a departing employee:

1. Length of service;
2. Age of the employee;
3. Character of employment;
4. Availability of similar employment (having regard to the employee's experience, training and qualifications).

Depending on the specific circumstances, there may also be other factors that come into play. For example, if the terminated employee was induced by the employer to leave his or her previous employment, that fact may militate in favour of an enhanced notice period. Ultimately, it is important to consider all the circumstances in each particular case.