Notice requirements are governed by both legislation and case law. Reasonable Notice Obligations Under Legislation The minimum statutory requirements for notice or pay in lieu of notice vary depending on the employee’s length of service. Notice requirements under the Employment Standards Act are as follows: Length of ServiceNotice or Termination PayAfter 3 months1 weekAfter 12 months2 weeksAfter 2 years2 weeksAfter 3 years3 weeksAfter 4 years4 weeksAfter 5 years5 weeks This pattern continues up to a maximum of eight weeks after eight years of service. Employers must give employees either working notice or compensation in place of notice for the appropriate period. The Employment Standards Act also provides that all benefits must continue during the notice period. Reasonable Notice Obligations Under Common Law At common law, the courts examine a variety of factors to determine reasonable notice, including: The employee's age; The position held; Length of service; The employee's level of compensation; and The availability of similar work, given the employee's experience, training, and qualifications. In turn, this notice period will assist in determining the amount of compensation a worker is entitled to upon dismissal.