Written by Michael J WeilerEach year we report on how the courts have defined “reasonable notice” in the previous year. For those employers who have binding written employment agreements that define the notice period on termination – congratulations! Those agreements should be determinative, and therefore these decisions are not relevant. But for the vast majority of employers who do not have such written agreements in place with their employees, the following summary will be very much relevant and should be of interest.Courts will look at four key elements to determine how much notice is reasonable: age, length of service, position and the availability of similar employment having regard to the employee’s skills and qualifications. The court will often look at economic circumstances but will not give that factor undue weight. The highest period of notice, subject to a few exceptions, is 24 months. As noted below Ontario courts seem to be ready to break through that ceiling. Please bear in mind the fact that each case will be decided on its own facts and there is no litmus test. Furthermore, the amount of notice will not always equal the amount of damages as the employee must mitigate her damages and must also prove her losses (e.g. lost benefits or bonuses).The following notable cases from 2018 will give you some idea of the courts’ present thinking on the matter. There can be very important factors in each case especially dealing with senior executives whose compensation can often exceed $20,000 per month. If you want to become a lawyer for a day, cover up the right-hand column and see how you do in assessing the notice periods:Case NameEmployee PositionIncomeAgePeriod of EmploymentNotice PeriodPakozdi v B & Bbidder/estimator$125,0005513 months5 monthsFirth v IBMnot senior management but called him a “fiduciary”!$112,0003819 yrs19 monthsDussault/Pugliese v Imperial OilD–Manager Real Estate-not supervise but NB position$190,006339 yrs26 months“Dussault” cont.P–Territory Mgr–not supervise but NB position$156,0005736 yrs26 monthsKerr v ArpacManager (no employees)$70,0007022 yrs20 monthsPasche v MDE EnterprizesSheet metal estimator$66,0006718 yrs13 monthsTymko v 4-D EnterprizesSwitchman / operator523 yrs2 monthsGreenlees v Starline Windowssalesman$100,000436 months6 monthsKok v Adera Natural Stone Ltd.s’or=senior management$131,0005427 years22 monthsCorey v Kruger Productsmaintenance s’or–first level of management$100,000582 1/2 yrs8 monthsRuston v Keddco MfgPresident$278,000 + bonus5411 years19 monthsChapple v Big Bay Landing LtdLodge Manager$85,0006126 months9 monthsDawe v The Equitable Life Insurance CoSenior Vice President$249,000 salary + $379,000 bonus6237 years30 monthsMichael Weiler practices employment and labour law including human rights and prevention of workplace harassment/bullying and independent investigations; advising on the practical and legal issues affecting private family-owned businesses; and more – see his website at www.WeilerLaw.ca . Michael is a frequent seminar presenter and the assistant editor of Canadian Cases on Employment Law. Michael can be contacted at [email protected] . For those who wish to receive articles, seminar notices and blog comments please contact Carolyn Weiler at [email protected] or call her at 604 336 7427.

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2. The content in the Michael Weiler Employment + Labour newsletters is for your general information and should not be taken as legal advice. If you have a specific problem, please contact Michael Weiler to discuss your situation.