Notice Periods For Without Cause Terminations

In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.  If an appropriate notice period is not given, employees may sue for wrongful dismissal.

The key case setting out the factors to be considered when determining the applicable common law notice period is Bardal v. Globe and Mail, [1960] O.J. No. 149.  These factors include the employee's age, length of service, character of employment, and the availability of similar employment in the context of the employee's experience, training and qualifications.