Reasonable notice of termination is determined differently depending on the facts of each case, but there is no upper limit or 'cap' on reasonable notice. Generally, only exceptional circumstances will support a notice period in excess of 24 months. An increase in reasonable notice awarded by the courts was known as the "Wallace bump" from the case of Wallace v United Grain Growers Ltd. but the law has significantly evolved ever since the Supreme Court decision, Keays v Honda in 2008.
Can long term employees get more than 24 months of notice period when terminated from their job?
Effects of Reorganization of an Employer's Business
In wrongful dismissal cases, the amount of notice of termination owed to the discharged employee will depend on several factors. Length of service is one of those factors, and typically, longer term employees are entitled to longer notice periods. This is especially so for employees that have devoted a significant part of their career to a particular employer. Employees who worked through the ranks, developing expertise and knowledge in the affairs of their employer are considered vulnerable and in difficult circumstances when they are suddenly released into the labour market. The level they have achieved and the specialized knowledge they have attained may make it difficult for them to obtain other suitable employment.
