How much severance is owed for 5 years of service in New Brunswick?

An employee terminated without cause in New Brunswick after 5 years of service is entitled to 4 weeks of statutory notice under Employment Standards Act. The employer must either give the employee that notice in advance, pay wages equivalent to that period, or a combination.

Does common-law reasonable notice apply on top of the 4-week statutory minimum?

Yes, unless a valid termination clause in the employment contract restricts the employee to the statutory minimum. Common-law reasonable notice under the Bardal factors (age, length of service, character of employment, availability of similar employment) is often significantly longer than the statutory minimum, particularly for senior or long-tenured employees. For 5 years of service, common-law notice in a comparable dismissal case might range from 5 to 10 months.

What statute governs severance in New Brunswick?

The Employment Standards Act, s. 30. This governs the statutory minimums for termination without cause. Common-law reasonable notice is a separate body of judge-made law that applies unless the contract explicitly restricts the employee's entitlement.

Is statutory severance the same as termination pay in New Brunswick?

In most Canadian jurisdictions, statutory severance and termination pay are the same concept: the pay owed in lieu of working out the notice period. New Brunswick does not have a separate statutory severance entitlement on top of notice. The exception is Ontario, which stacks severance on top of notice for qualifying employees.

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NB · 5 years · 2026

Severance in New Brunswick for 5 years of service: 4 weeks

An employee with 5 years of service in New Brunswick terminated without cause is entitled to 4 weeks of statutory notice under Employment Standards Act.

What 4 weeks of severance looks like in dollars

Multiply the employee's regular weekly wage by 4 to get the pay in lieu of notice. Below, the calculation at common Canadian salary points for 5 years of service in New Brunswick.

Annual salary	Weekly wage	× 4 weeks	Statutory pay
$45,000	$865	× 4	$3,462
$60,000	$1,154	× 4	$4,615
$80,000	$1,538	× 4	$6,154
$100,000	$1,923	× 4	$7,692
$130,000	$2,500	× 4	$10,000

How the rule works

2 weeks after 6 months, 4 weeks after 5 years of service.An employee terminated without cause is entitled to either the notice itself, worked out over the notice period, or pay in lieu of notice at the employee's regular wage rate.

The specific calculation for 5 years of service in New Brunswick draws from Employment Standards Act, s. 30. The result: 4 weeks of the employee's regular wages.

This is the statutory floor, not the answer

Common-law reasonable notice under the Bardal factors (age, length of service, character of employment, availability of similar work) is usually longer than the statutory minimum. For an employee with 5 years of service, common-law notice in a comparable dismissal case can range from 5 to 10 months, versus 4 weeks at the statutory floor. Unless the employment contract contains a clear and enforceable termination clause limiting the entitlement to the ESA minimum, the employee retains the common-law right. Always consult employment counsel before finalizing a termination package.

Other tenure scenarios for New Brunswick

6 months

2 weeks

1 year

2 weeks

2 years

2 weeks

3 years

2 weeks

Same tenure in other provinces

Ontario

5 weeks

British Columbia

5 weeks

Alberta

4 weeks

Saskatchewan

6 weeks

Manitoba

6 weeks

Nova Scotia

4 weeks

Run New Brunswick offboarding end-to-end.

Hibiscus HR turns this calculation into an audited offboarding workflow: ROE filing on Service Canada, termination letter, final pay, equipment checklist, and the audit trail to prove every step happened.

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