Calculating the Length of Reasonable Notice

Phil White is an employment lawyer practicing in Toronto. He can be reached at pwhite@grosman.com or 416.364.9599

Phil White is a Toronto employment lawyer. He can be reached at pwhite@grosman.com or 416.364.9599

Determining a dismissed employee’s entitlement to reasonable notice of dismissal (a.k.a. a severance package) is more of an art than a science. There is no mathematical formula that can be used to calculate a severance or termination package for an employee who has been terminated without cause.

Employment lawyers develop the skill of being able to determine the notice period by reviewing countless wrongful dismissal decisions. Computer apps and other marketing gimmicks promising to predict a notice period are not consistently reliable.

Reasonable notice of dismissal should not be confused with a dismissed employee’s minimum statutory entitlement to notice and severance pursuant to the Ontario Employment Standards Act, 2000 (“ESA”). The ESA only sets out an employee’s minimum entitlements upon dismissal. An employee is presumed to be entitled to a significantly longer period of reasonable notice.

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