How much notice must employers give employees in Ontario? This is a crucial question for every employer in the province.
In Ontario, this isn’t just a matter of courtesy, it’s a legal requirement under the Employment Standards Act, 2000 (ESA).
Understanding these rules helps protect your business from legal risk and ensures fair treatment for your team.
This article breaks down Ontario’s statutory notice requirements, explains when notice is required (and when it’s not).
We’ll also touch on the difference between minimum legal notice and “reasonable notice” under common law, an important distinction for employers crafting contracts or planning terminations.
Under the ESA, employers must provide notice of termination, or pay in lieu of notice, when terminating an employee’s employment if:
“Continuously employed” usually includes time off for things like statutory leaves, but it’s important to calculate this correctly.
Missteps here are common and can lead to disputes, a risk that can be mitigated by consulting HR experts like TROIS Collective who help ensure compliance with employment standards and minimize unintended liability.
Key point: If an employee has worked less than three months, no statutory notice or termination pay is required.
Once an employee qualifies (3+ months’ employment), the amount of notice they’re entitled to depends on how long they’ve worked for you.
The ESA sets minimum notice periods as follows:
Length of Service — Notice Required (ESA Minimum)
This notice must be written and must expire on or before the employee’s termination date, unless the employer chooses to pay instead of providing working notice.
Many employers choose pay in lieu of notice rather than having employees work through a notice period.
This means giving the employee a termination payment equal to what they would have earned during their notice period, including continuation of benefits.
For instance, an employee with five years’ service is entitled to a five-week notice period.
An employer can terminate immediately by paying five weeks’ wages and benefits rather than having the employee work during that time.
Because this calculation affects both cash flow and compliance risk, many companies work with HR strategists, who can assist in calculating and structuring termination packages that are legally compliant and aligned with business.
Ontario’s ESA also contains special rules for mass terminations, where 50 or more employees are terminated at one establishment within a four-week period.
In these cases, notice requirements are based on the number of employees being terminated, not individual length of service.
For mass terminations:
Employers must also file a prescribed form with the Ministry of Labour and provide affected employees with a copy.
There are a few important exceptions where an employer does not have to give notice or termination pay:
If an employee is terminated for “just cause” (serious misconduct like fraud or repeated refusal to work), an employer may not owe notice or termination pay.
However, courts interpret “just cause” narrowly and require clear evidence of serious wrongdoing.
Certain categories of workers may be exempt from notice requirements, and temporary layoffs or specific contractual arrangements can affect entitlement.
Expert HR support helps ensure that these nuances are handled correctly.
In unionized workplaces or where a contract provides a longer notice period than the ESA minimum, the contractual terms prevail so long as they meet or exceed the ESA standards.
It’s critical to understand that the ESA sets minimum statutory notice.
In many cases, employees may be entitled to greater notice under common law.
What is common law notice?
Common law (judge-made law) requires “reasonable notice” based on factors like:
Because common law entitlements can significantly exceed ESA minimums, it’s crucial for employers to plan terminations thoughtfully and, where appropriate, seek strategic HR and legal advice.
TROIS Collective works with businesses to assess potential common law risk and design compliant, defensible termination approaches.
Here are actionable steps to ensure compliance:
Include all active and inactive employment since you hired them (leaves, layoff if ESA applies) when calculating statutory notice entitlement.
Most employers opt for pay in lieu, especially when immediate separation is cleaner operationally.
If you provide working notice, wages and benefits must continue at the same level throughout the notice period.
Prepare written termination letters, calculate entitlements accurately, and keep records of delivery (email, hand delivery, etc.).
Ensure contracts specify termination terms that meet or exceed statutory minimums, and that clauses are drafted carefully to avoid unenforceability.
Termination and notice requirements involve detailed legal and HR nuances, especially when multiple employees are involved, or when roles carry legal or industry-specific risk.
That’s where our HR services come in.
These services are especially valuable when terminations overlap with broader people challenges.
How much notice must employers give employees in Ontario?
In Ontario, the statutory notice period depends on the employee's length of service, ranging from one week to eight weeks.
Employers must be mindful of these requirements to ensure they comply with the Employment Standards Act, 2000 (ESA), and to avoid additional risks like common law notice.
By partnering with experienced HR professionals like TROIS Collective, employers can not only meet these minimum standards but also manage the broader complexities of termination processes, reduce risk, and protect business interests while fostering fair, respectful employee transitions.
