Reasonable Notice Period

STACEY REGINALD BALL

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STACEY REGINALD BALL

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When an employer wants to terminate an employee without cause, they must provide the appropriate amount of “notice” or “pay in lieu of notice” to that employee

EMPLOYMENT STANDARDS ACT

​Termination Provision

Instead of providing four weeks of working notice to an employee, the employer could provide them with 4 weeks of pay in lieu of working notice. In such a case, the employee does not need to spend those four weeks actually coming into work. The amount of notice the employer must give the employee when dismissing them from employment depends on many factors. The notice period is important because it will determine the amount of “severance” owed to the employee. There are several sources to consider in determining an employee’s notice period upon termination. The Employment Standards Act sets minimum entitlements that a terminated employee must receive, based on their length of service. However, employers can only provide these minimums if there is an enforceable employment agreement and termination provision in place that limits the employee to the statutory minimums. Employers will often attempt to include a termination provision in an employment agreement as a way to limit the amount of notice they owe the employee. However, termination provisions are often not enforceable, for a variety of reasons, in which case the length of the notice period is calculated according to the common law.

​Among other things, the courts consider: the length of employment, the position of the employee, the reason for their dismissal, the employee’s compensation, how the employee first became involved with the employer, and whether the employer acted fairly and in good faith, to name a few. Every case is different and the above factors will be considered to determine the appropriate common law reasonable notice period. Normally, 24 months is the maximum notice period available to an employee, although this amount may be extended in truly exceptional cases. Employment law cases relevant to this area of law include: Wallace v. United Grain Growers Ltd. (1997), 152 D.L.R. (4th) 1, (1997) 3 S.C.R. 701; Machtinger v HOJ Industries (1992), 91 D.L.R. (4th) 491 (S.C.C.) and Bardal v. Globe & Mail (1960), 24 D.L.R. (2d) 140 (H.C.) Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.

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Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
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