What is the common law calculation of notice periods in wrongful dismissal cases?
British Columbia, Canada
The following excerpt is from Jackson v. Gitxsan Treaty Society, 2005 BCSC 1112 (CanLII):
The common law regarding the calculation of notice periods in wrongful dismissal cases is well established and is summed up by the following oft-quoted passage from Bardal v. Globe and Mail Ltd. where at p. 145, McRuer C.J.H.C. stated: There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.
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