There is no universal formula for determining reasonable notice of dismissal. In Bardal, the court identified factors that remain central to assessing common law notice.

The case involved a senior advertising employee whose employment ended after approximately 17 years. The court considered his circumstances and concluded that one year’s notice was reasonable.

The factors identified included the character of the employment, length of service, age, and availability of similar employment, having regard to the employee’s experience, training, and qualifications.

The decision emphasizes an individualized assessment. Length of service is important, but it is not the only consideration.

The court also considered earnings from replacement employment when calculating the employee’s loss. Determining a notice period and calculating the damages ultimately payable are therefore related but separate exercises.

What this could look like in practice

Imagine two employees with ten years of service receiving identical termination offers. One works in a field with many comparable openings, while the other holds a specialized position with few alternatives.

A useful consultation would examine more than the shared service period. Each employee could bring their agreement, termination letter, compensation records, résumé, and information about their role and employment prospects.

That preparation allows a more informed discussion than relying on an online calculator or a simple “weeks per year” estimate.

The takeaway

A notice assessment should consider the employment agreement and the employee’s particular circumstances. Bardal explains the common law approach; it does not mean that every employee automatically receives a particular number of months.

Contact JY Law to discuss your circumstances and how we may assist you.

This information is provided for general educational purposes only and does not constitute legal advice. The example is hypothetical. Your rights depend on the facts and current law. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.