Common Law Notice Period in Ontario: How It Works

Common law notice in Ontario is the reasonable working notice or pay in lieu an employee may be owed when terminated without cause, and it is often longer than Employment Standards Act minimums.

This article is general information for Ontario employees. It is not legal advice about your situation.

Key Takeaways

• Factors courts consider
• ESA minimums vs common law
• Working notice vs pay in lieu

Factors courts consider

Age, length of service, character of employment, and availability of similar work all matter. Senior specialists with long tenure often receive longer notice than short-service junior staff.

ESA minimums vs common law

The ESA sets floors for notice and severance in qualifying cases. Common law may award months of pay beyond those floors. Compare both using our severance estimator.

Working notice vs pay in lieu

Employers may require you to work through notice or pay you instead. Either approach must be lawful and clear in writing. Read about termination without cause.