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The employee’s length of service(longer serving employees generallyreceive more notice); andThe availability of similar work (ifcomparable employment isunavailable this may extend thenotice period).In Nova Scotia, Prince Edward Island andNewfoundland and Labrador, the positionheld by the employee is also a relevantfactor (generally, more notice is awarded tomanagers or specialized trades). In NewBrunswick, the Court of Appeal has ruledthat is not a relevant factor except to theextent that the nature of the position affectsthe availability of similar work.There is no fixed formula for determining thelength of notice, however, generally it is onlyin exceptional circumstances that thereasonable notice period exceeds 24months (e.g., a very long service employeeor one who is long service and occupies asenior position).For unionized businesses, notice periodsmay be set by the collective agreement.PRACTICAL CONSIDERATIONSThe Hiring ProcessThe employment relationship begins to bedefined before an employee is even hired.Each step that the employer takes duringthe posting, recruitment, interview andbackground check process can haveimplications for the future of theemployment relationship. We havehighlighted below a few considerations foremployers to consider before beginning thehiring process.Job postingsJob postings may be relied on if there is adispute regarding the duties or expectationsof the employees, the skills required for theposition or the changes that have occurredin the position. In addition to being relevantto human rights complaints, job postingsmay be relevant in termination andconstructive dismissal cases.In unionized settings, job postings are oftenalso relied upon during grievancearbitrations and hearings to determine, forexample, whether a position should beincluded in the bargaining unit. A collectiveagreement may have specific requirementsin relation to job postings.It is important to pay careful attention to thecontent of job postings, ensuring accuracyand consistency, and making it clear thatduties and requirements may be added orremoved from to the position at the solediscretion of the employer.Recruitment and inducementIn determining a notice award aftertermination, courts may consider whetheran employee was induced to acceptemployment, and in particular whether theemployee gave up secure employment, inassessing the amount of reasonable noticeto be awarded when the relationship endswithout just cause, particularly where theemployment relationship is of a shortduration.Employment and Labour Law 100