A lawsuit for wrongful dismissal is based on an implied obligation in the employment contract to give reasonable notice of an intention to terminate the employment relationship (or pay in lieu thereof) in the absence of just cause for dismissal. In other words, if an employer wants to terminate your employment, and there are no grounds or reasons for doing so, the employer needs to give you reasonable notice of such termination. When reasonable notice is not given, your employer should provide you with reasonable compensation (including your benefits and other incidentals). If your employer does not provide you with such reasonable compensation, including benefits, you may have a claim for wrongful dismissal.

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WHAT IS REASONABLE NOTICE? _____________________________________

There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. Each case is different.

The reasonableness of the notice must be decided with reference to each particular case, having regard to such things as the employee's age , the character of the employment; the length of service of the employee; the seniority of the employee, the length of service of the employee; the age of the employee; the availability of similar employment to the employee; the amount of experience of the employee; training and qualifications of the employee and whether the employee has secured new employment. This list is not exhaustive.