This will depend on many factors. First and foremost, to limit an employee’s entitlement to statutory minimums for the same requires a carefully crafted employment agreement. Without such an agreement, the employee will be entitled to reasonable notice in accordance with the common law. Reasonable notice under the common law is determined by a variety of factors, including but not limited to the employee’s position, years of service, age, education, transferrable skills and availability of similar work.
When terminating an employee, employers should consult legal counsel to determine how much notice, or pay in lieu of notice, the employee may be entitled to. Conversely, when presented with an offer upon termination, an employee should not simply accept an employer’s assertion that they are being provided with all their legal entitlements. Employees should always seek independent legal advice when their employment has been terminated.