Notice Awards Moving Up

General Rules The fundamental guidelines for determining an award of “reasonable notice” or wrongful dismissal damage awards have been in place for many years. There is not a fixed set of factors as there exist many unexpected nuances, but the basics may be fairly stated to be: The character of the employment; The length of […]

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Setting The Period of Reasonable Notice – Black Magic?

Absent a fixed term contract or an agreement defining the period of notice to be given in the absence of just case, the employer’s obligation is to provide advance notice of termination. The failure to do so will allow a claim for the income sum which would have been earned in this time period, less […]

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Factors Impacting the Notice Period

The Notice Period – Black Magic ? The determination of the common law reasonable notice period has always been considered somewhat of an art rather than based on a scientific formulaic approach. The traditional factors that court have considered (also known as the Bardal factors) include age, length of service, and the nature of the […]

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