Navigating Notice Periods

Until very recently, it was generally accepted that among the factors considered by a court in assessing the period of reasonable notice (i.e. — age of the employee, length of service, character of employment [status, compensation package] and availability of similar employment given the employee's educational background, work experience and training) it was the nature and relative status of the employee's position at termination which was one of, if not the most significant factor. The more specialized the position or the greater its status or the degree of responsibility associated with it, the lengthier the period of notice awarded. The rationale for this principle is the presumption that executives and managers would have greater difficulty finding other employment than would lower level employees.