Most readers already know that in order to have a binding agreement, there must be “consideration” flowing both ways. In other words, each party must receive some sort of benefit; although I rarely invoke Latin, I do like to refer to the need for a quid pro quo in this context.
For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law.
It appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. Courts will enforce termination clauses that limit an individual's entitlement to notice of dismissal, but the onus will be on the employer to show that the clause should be enforced.