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Litigation

How much notice is a short-service employee entitled to in an Ontario wrongful dismissal claim?

TSL Written by the Treadstone Law team· Updated August 2026

Short-service employees are still entitled to common law reasonable notice, not just the ESA minimum, but the actual notice period they receive tends to be shorter than for a long-service employee, since length of service is one of the key factors courts weigh in the overall calculation. That said, courts have recognized that very short-service employees can sometimes receive a notice period that seems disproportionately long relative to their brief time with the employer, particularly where they gave up other stable employment or relocated specifically to take the job.

The underlying question is what is fair and reasonable given all of the circumstances, not a strict mathematical formula tied directly to months worked. Age, the nature of the role, and the local job market for that type of position still matter considerably, even for an employee with very little service. Because there is no fixed formula, and courts have sometimes surprised employers with the notice awarded to short-service employees, getting a specific assessment of the actual situation is far more useful than assuming a short tenure automatically means minimal notice.

Key takeaways

  • Short-service employees are still entitled to common law notice, not just the ESA minimum.
  • Length of service is one factor among several, not the only one that matters.
  • Courts have sometimes awarded proportionately longer notice to very short-service employees in the right circumstances.
  • There is no fixed formula, so a short tenure does not automatically mean minimal notice.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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