It is an axiom of the law of wrongful dismissal that reasonable notice is "that which is reasonable in the circumstances". This deceptively simple definition raises more questions than it answers. What is "reasonable" in the circumstances of a given case? There are a number of criteria that the court constantly considers when dealing with the question of reasonable notice. In every case, the length of reasonable notice is in issue, and for every given judgment, a different solution to the question is offered. This is not to suggest that certain general and important conclusions cannot be drawn from a survey of the case law, but to underline the fact that each is premised on facts unique to a particular case and somewhat limited in terms of applicability to different situations.

The leading case in the area is the decision of the former Chief Justice of the High Court of Ontario, Mr. Justice McRuer, in Bardal v. Globe and Mail Ltd. In that case Bardal was employed by the Globe and Mail in 1942, and through a succession of promotions had by 1955 become its Director of Advertising. In 1959, after refusing an offer of six months salary in return for his resignation, Bardal was terminated without notice. Bardal sued for wrongful dismissal. The company conceded that it had no grounds for dismissal without notice, and consequently the only issue at trial was the period of notice required. Mr. Justice McRuer, in rendering judgment and awarding the plaintiff damages equivalent to one year's notice, enunciated the general principles applicable:

There could be no catalogue laid down as to what was 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.

The various factors commonly taken into account by the court in assessing the period of reasonable notice include the following:

1. age;
2. length of service of the employee;
3. level of responsibilities and duties of the employee;
4. experience;
5. education;
6. status within the organization;
7. training and/or expertise;
8. qualifications;
9. chances of alternative employment in the job market at a reasonably equivalent level;
10. health;
11. level of compensation;
12. whether the employee was enticed away from an otherwise secure job to join the employer;
13. in some cases, misconduct not amounting to just cause, and
14. in some cases, the economic circumstances of the employer.