Notice Periods for Short-Service Employees
When examining notice period entitlements, many fall into the following trap: short service equates short notice periods.
That said, the recent case law shows a somewhat volatile trend in notice period awards for short-service employees. For example, in Ferguson v. Yorkwest Plumbing Supply Inc., 2025 ONSC 5408, a 47-year-old employee with a mere 1.4 years of service was awarded over $170,000 in damages plus legal costs, representing a six-month notice period. This award was made despite the plaintiff’s employment not being particularly specialized in nature. Moreover, no mitigation income was deducted from the employee’s award, as she only secured new employment after her six month notice period had expired.
The takeaway? Notice periods are different on the facts and should not be approached in a formulaic manner. Legal advice is crucial in determining the appropriate notice period.