ASSOCIATIONS
REASONABLE NOTICE PERIOD
STACEY REGINALD BALL
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
STACEY REGINALD BALL
FEATURED BY 
AS MOST FREQUENTLY RECOMMENDED EMPLOYMENT LAWYER.
Highest Ranking – Canadian Legal Expert Directory
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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.
CONSULTATIONS
Helping you recognize and enforce your employment rights
Canadian Employment Law
Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.
CLIENT REVIEWS
Google Reviews
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
Ritesh Jadhav
13:40 16 Aug 24
Losing a job unfairly is a stressful experience, but Mr. Stacey Ball provided not only legal support but also emotional reassurance. I'd highly recommend him to anyone facing a similar situation. He truly goes above and beyond for his clients!
Nicholas Banks
17:31 18 Aug 24
We engaged this lawyer to assist our company with a complex employment dispute. Stacey Ball took the time to understand our company’s policies, procedures, and the specifics of the case. He kept the process moving efficiently and allowed us to make informed decisions without unnecessary delays. The outcome of the case was also favourable, thanks to Mr. Ball’s hard work and dedication.