Knowing your entitlements upon termination comes down to understanding the difference between statutory notice and common law notice.
Let’s explore both:
Statutory notice
You’ve probably heard that upon termination you’re entitled to “one week per year of service.” While this is loosely correct, it’s representative of the statutory minimums that employers must pay terminated employees as outlined by the Employment Standards Act (ESA).
Common law notice
Common law notice is often expressed as “one month per year of service.” While it’s not explicitly written in statutes, it’s a more complex concept that has been established through decades of jurisprudence and landmark cases like Bardal v. Globe and Mail.
The key difference between the two is that statutory notice represents the non-negotiable minimums employers must adhere to and while common law notice is inclusive of statutory entitlements, it considers the employee’s circumstances as well.
Understand your entitlements. Contact us for a free consultation and receive excellent advice.