Is an employee entitled to reasonable notice if they are dismissed without cause?
Ontario, Canada
The following excerpt is from Amberber v. IBM Canada Limited, 2017 ONSC 6470 (CanLII):
It is well settled law that, in the absence of a contract that defines an employee’s entitlement upon termination, an employee who is dismissed without cause is entitled to reasonable notice. The common law principle of termination only on reasonable notice is a presumption that is rebuttable if the contract of employment clearly specifies some other period of notice: see Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an employee claim constructive dismissal damages if the employer does not provide reasonable notice to the employee? (Ontario, Canada)
What is the range of damages for breach of contract when an employee is dismissed without reasonable notice? (Ontario, Canada)
What is the reasonable notice period for an employee who is terminated without advance notice? (Ontario, Canada)
What is the common law notice period for an employee who is dismissed without cause? (Ontario, Canada)
What is the range of damages for breach of contract when an employee is dismissed without advance notice of termination? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
Does a termination clause simply stating that an employee is entitled to compensation in accordance with the legislation restrict the employee to the minimum notice period provided? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
What is the range of damages for loss of salary, pension benefits and bonuses that an employee might reasonably have expected to continue his employment during the reasonable notice period? (Ontario, Canada)
