The Only Rule is That There Are No Rules

In the absence of a contractual provision to the contrary, an employee can be terminated for just cause or in the absence of just cause upon being provided with reasonable notice or pay in lieu of reasonable notice at common law. Although determining the period of reasonable notice is said to be more art than science, from the earliest times our courts have tried to provide some guidance on the factors that should be taken into consideration in making this determination. The most often cited case in this area is Bardal v. Globe & Mail Ltd.¹ where McCruer, C.J.H.C., stated as follows:

There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and