Reasonable notice (common law notice)

Reasonable notice is the notice a court says an employee should get when fired without cause. It is often more than the statutory minimum.

Also called: common law notice, common-law reasonable notice, notice at common law

What reasonable notice (common law notice) means

Reasonable notice is the amount of notice of termination a court decides an employee was owed, based on their circumstances. It comes from the common law, the body of law built up by judges, not from an employment standards act. Outside Quebec, it is the default rule whenever an employment contract does not validly say otherwise.

It matters because it is often much larger than the statutory minimum. The statutory scale tops out at 8 weeks in most provinces. Reasonable notice has no fixed scale, and for a long-service or senior employee it can be many times the statutory figure.

If you end someone's employment without cause and pay only the statutory minimum, the employee can sue for wrongful dismissal and ask a court to award reasonable notice instead.

How it works

There is no formula. Courts weigh what are called the Bardal factors, named after the case Bardal v. Globe and Mail: the character of the job, length of service, the employee's age, and how easy it will be to find similar work, given their experience, training and qualifications. The Supreme Court of Canada has said these factors are not a complete list, that no one factor should get disproportionate weight, and that there can be no catalogue of what is reasonable for particular kinds of jobs.

Because every case turns on its facts, you will see wide ranges in reported decisions. Be wary of anyone who offers a quick rule such as a set amount per year of service; courts do not work that way.

A well-drafted written contract can limit notice to something closer to the statutory minimum. It must be clear and must never give less than the employment standards minimum. Courts read these clauses strictly, and when and how the employee agreed to it can matter, so get one reviewed.

Reasonable notice is usually paid as damages: what the employee would have earned during the notice period, which can include benefits and other regular pay. The dismissed employee has a duty to look for new work, and if they find it, the damages can be reduced. That is called mitigation.

Is it the same in every province?

Reasonable notice is a common-law rule that works the same way in every province and territory, and for federally regulated employers, alongside the statutory minimums. Quebec is a civil law province and its Civil Code sets its own rule on notice, so Quebec employers should check that separately.

Example: A long-serving manager at a Kelowna winery

Gord owns a 20-person winery in Kelowna. He eliminates the job of his operations manager, who is 58 and has worked there for 15 years. The contract is a one-page offer letter that says nothing about notice.

British Columbia's statutory minimum for her service is 8 weeks. Because there is no valid clause limiting notice, her common-law entitlement could be far higher, given her age, seniority and the small number of similar jobs nearby. Gord gets legal advice before he makes an offer, instead of assuming 8 weeks is the end of it.

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Questions about reasonable notice (common law notice)

How much reasonable notice is an employee entitled to?

There is no fixed formula. A court weighs the job, length of service, age and the availability of similar work, among other things, and decides case by case.

Is reasonable notice the same as statutory notice?

No. Statutory notice is the minimum in employment standards law. Reasonable notice is the common-law entitlement and is often higher, unless a valid contract limits it.

Can a contract limit reasonable notice?

Yes, if it is clear and properly agreed to, and it never provides less than the employment standards minimum. Courts read these clauses strictly.

Does a short-service employee get reasonable notice?

Yes, the common law applies regardless of length of service, though the amount reflects all the circumstances, including how short the service was.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.