What happens if there is no term in the employment contract that describes the amount of notice to be given to the employee in the event of a dismissal without cause?
In the absence of a term in the contract that describes the amount of notice to be given to the employee in the event of a dismissal without cause, the court will apply common law principles and imply a term into the contract requiring the employer to give the employee “reasonable notice” of termination. This common law period of notice is inclusive of the notice required by statute.
Related Questions
- What happens if there is no term in the employment contract that describes the amount of notice to be given to the employee in the event of a dismissal without cause?
- Can an employer "contract out", i.e., include a term in the employment contract that limits the notice to be given upon termination, of a provincial employment statute?
- What notice period needs to be given to an employee before dismissal?
