What is the test for determining a reasonable notice period?

It is trite law to state that the onus of proof on the issue of reasonable notice, a question of law, is on the employee to prove on a balance of probabilities. Some of the factors considered by the courts include character of the employment, the length of employment, the age of the employee, the availability of similar employment having regard to the experience, training and qualifications of the employee, and whether there was any bad faith on the part of the employer. In Schamborzki v. North Shore Health Region (2000) B.C.J. No. 2148 (S.C.) the court held that the notice period should be assessed based on the employee’s re-employment prospects as of the date of termination. Analysis