What is the impact of non-competition and non-solicitation provisions on a terminated employee’s notice period?
The three popular articles this week on HRinfodesk deal with the length of the notice period, reasonable grounds for dismissal and mandatory JHSC training moving online.
Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of position and compensation). There have been widely divergent awards in recent years. This undermines the ability of employers to plan, with some certainty, for large scale restructurings and the required notice/severance to provide staff.