The Latest Developments In Calculating Reasonable Notice

Terminations can be risky terrain for even the most experienced HR professional. In a recent Alberta decision¹, an employer suggested that 18 months' notice would be reasonable for an employee with 25 years of service. The judge in the case awarded the ex-employee 24 months.

When an employer decides to terminate an employee, they face a situation rife with risk and uncertainty. While statutory minimum entitlements are prescribed by legislation, determining reasonable notice is a substantial challenge. When is an employee entitled to reasonable notice? Who determines what is a "reasonable" notice period, and what factors influence reasonable notice?

The risks of getting it wrong can be significant. If an employee is dismissed without cause and given insufficient reasonable notice, the employer may be vulnerable to potentially contentious litigation in addition to potentially being liable for a longer length of reasonable notice under common law. These risks exist