Wrongful Dismissal: Article - Minimum Notice Requirements under B.C. Employment Standards Act

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Minimum Notice Requirements under the B.C. Employment Standards Act

British Columbia's Employment Standards Act sets out how much notice an employer must give, depending on an employee's length of service. These minimum notice periods do not affect how the "reasonable notice period" is calculated in a wrongful dismissal action.

An employer has satisfied this minimum notice requirement if she gives the proper written notice, money in lieu of notice, or a combination of both. Employees who quit, retire, or are dismissed for just cause are not entitled to this notice period.

The Act sets out the following mandatory notice periods:

one week for service from three to 12 months

two weeks, for one to three years

three weeks, for three years' service and one additional week's wages for each additional year of employment, to a maximum of 8 weeks' wages

If an employer terminates 50 or more employees at a single location within any two-month period, notice is as follows:

eight weeks if 50 to 100 employees will be affected

12 weeks, for 101 to 300 employees

16 weeks, for 301 or more employees

Non-unionized employees who are subject to such a group termination are entitled to statutory group notice and termination pay requirements, in addition to notice based on their length of service.

These statutory requirements apply even if an employee has obtained other employment or has earned money during the statutory notice period.

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This page last updated: September 20, 1999
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