Judges have a great deal of discretion when determining the appropriate period of reasonable notice period. (employmentlaw101.ca)
This is because the employee would be classified as an unsecured creditor for any claims made for pay in lieu of reasonable notice at common law (i.e. termination pay). (employmentlaw101.ca)
Instead of the ESA, employers should be looking to a number of factors from the common law, which typically increase the amount of reasonable notice beyond what is in the statute. (slaw.ca)