This article posted on our partner site Mondaq.com discusses the case of BlackBerry Limited v. Marineau-Mes, in which an employee signed an employment contract that required him to give six (6) months of notice in order to resign. The employee left the position for a new job and gave the employer only two (2) months of notice.
The employer commenced legal action against the employee for violating the notice of resignation provision of the employment contract and sought damage. The employer was successful. The decision acknowledges that even quite lengthy notice of resignation clauses can be enforceable against employees, especially for senior employees that may need to give their employers a long notice period to allow for a gradual transition when they resign.