What is the appropriate notice period for an employee in a wrongful dismissal action?
Ontario, Canada
The following excerpt is from Bain v UBS, 2016 ONSC 5362 (CanLII):
I agree with the statement of MacPherson J. (as he then was) in Ryshpan v. Burns Fry Ltd.[xv] where he noted, “… in perhaps the majority of wrongful dismissal cases courts apply a ‘rule of thumb’ that an employee should receive notice of one month for each year of service.”[xvi] While the defence argues that this reasoning ought to apply and the proper notice period is 14 months, I note that the “rule of thumb” is just that, and it is subject to the possibility of a longer notice period, depending on the facts of a particular case. In this case, 14 months’ notice would be at the low end of the range of reasonable notice.
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