Sentences with phrase «on termination of employment»

The claim must be one over which a civil court would have jurisdiction and must arise or be outstanding on the termination of employment.
Sash Window Workshop v King [2105] IRLR 348 The Court of Appeal, on appeal from the EAT, referred questions to the ECJ on the retrospective entitlement to payment of an allowance in lieu of annual leave not taken on termination of employment.
With respect to entitlement on termination of employment, the employment contract provided as follows for a without - cause termination: Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice of as may otherwise be required by applicable legislation.
To support the predictions made on this site, we've analyzed hundreds of decisions where Canadian courts have expressly considered the Bardal Factors in determining what period of notice an employee should reasonably be given on termination of their employment.
Often, an employer may seek to limit its liability on termination of employment by requiring the employee to sign a contract which purports to limit the sum which is payable on termination of employment without just cause.
Given the many developments in this area over the last year, including the various pronouncements related to this issue by the Ontario Court of Appeal, employers that have not already done so would be well advised to turn their minds to ensuring that their termination clauses in employment agreements for existing and new employees are enforceable and will achieve the desired result on termination of employment.
Prior to the introduction of DIFC Employment Law No. 3 of 2012 («DIFC Employment Amendment Law») the position under DIFC Employment Law No. 4 of 2005 («DIFC Employment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their employment.
a. the legal enforceability of restrictive covenants; b. the legal parameters relating to wrongful termination, constructive dismissal or other similar concepts affecting an employee's entitlement to severance on termination of employment; c. any special employment laws that apply in connection with a change in control or other type of corporate transaction (e.g., an executive's entitlement to severance or the mechanism by which an executive's employment may transfer to a corporate acquirer); and d. other labour - related laws (such as laws related to unions or works councils) that may affect the employment relationship in a particular jurisdiction.
This is in contrast to the current position, where payments in lieu of notice (PILONs) on termination of employment benefit from the # 30,000 income tax exemption if the employer does not have a contractual right to pay in lieu of notice.

Not exact matches

A frequent writer and lecturer on employment law topics, Rosenfeld is experienced in the areas of federal laws pertaining to employment issues, EEOC, ADA, termination matters, employment liability and the Fair Labor Standards Act.
Ms. Katz's agreement also contains obligations on her part regarding non-competition and non-solicitation of employees following the termination of her employment for any reason, confidential information and non-disparagement of us and our business.
«Your letter states that the Public Service Agency's review is directed solely at «the human resources and investigation processes and procedures» that led to the termination of the employment of a number of Ministry of Health employees in 2012, rather than being a review of the decisions themselves,» Adams wrote on Whitmarsh's behalf.
We provide information below about (1) the circumstances under which these options and stock awards vest upon termination of employment or the occurrence of certain acquisitions, and (2) the hypothetical value each such named executive would have received, if any, upon the vesting of any of these option or stock awards as of that date under those circumstances, assuming each named executive's employment with the Company had terminated or the acquisition had been consummated as of December 31, 2009 and based on an NYSE closing price per share of our common stock on that date of $ 26.99.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for employment services rendered on or prior to the date of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms of the applicable plan; (ii) payments of prorated portions of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration of the vesting of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and (v) benefits and perquisites provided in accordance with the terms of any benefit plan, program or arrangement sponsored by HP or its affiliates that are consistent with Company Practices.
If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.
We provide information below about (1) the circumstances under which the vesting of these options and stock awards would accelerate upon termination of employment or the consummation of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting of any of these option or stock awards as of that date under those circumstances, assuming each named executive's employment with the Company had terminated or the acquisition had been consummated as of December 31, 2011 and based on an NYSE closing price per share of our common stock of $ 27.56 on December 30, 2011, the last trading date in 2011.
We provide information below about (1) the circumstances under which the vesting of these options and stock awards would accelerate upon termination of employment or the consummation of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting of any of these option or stock awards as of that date under those circumstances, assuming each named executive's employment with the Company had terminated or the acquisition had been consummated as of December 31, 2010 and based on an NYSE closing price per share of our common stock on that date of $ 30.99.
The letter asks each employee to acknowledge that they have received the «Separation Letter», which outlines the terms and conditions surrounding the termination of their employment with Target Canada and provides information on benefit coverage and the payment of regular wages throughout the notice period.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for employment services rendered on or prior to the date of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms of the applicable plan; (ii) payments of prorated portions of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration of the vesting of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and
-- Whenever the Secretary determines, with respect to any certification of eligibility of the workers of an employment site, that total or partial separations from such site are no longer a result of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Department of Labor, together with the Secretary's reasons for making such determination.
The regulations adopted by the New York State Board of Regents based on the 2010 law changing how the evaluations must work includings a line that says the new evaluations must be «a significant factor in employment decisions such as promotion, retention, tenure determinations, termination, and supplemental compensation,» as well as how teacher and principal development is approached.
We will not discriminate in employment, recruitment, advertisements for employment, compensation, termination, promotions and other conditions of employment against any employee or job applicant on the basis of race, color, gender, national origin, age, religion, creed, disability, veterans status, sexual orientation, gender identity or gender expression.
On March 26, 2009, Avigen issued a press release announcing the Board's recommendation with respect to the revised Offer and the termination of the employment of certain corporate officers.
Noele advises on all areas of the employment lifecycle from recruitment through to dismissal and regularly advises clients on disciplinary and grievance matters, absence and performance management, discrimination, redundancy and reorganisations and termination of employment.
Ms. Schreiber now focuses her practice on assisting employees of businesses of all sizes in claims regarding workplace discrimination, sexual harassment, retaliation, wrongful termination, unpaid wages, and numerous other employment disputes.
Chris regularly advises both employees and employers on executive employment agreements, workplace policies, employment standards, termination of employment and human rights issues.
We prepare all required documents, starting from drafting an employment agreement or agreement on its termination to preparing a company's local acts dedicated to various issues related to regulation of labor activities.
More recently, the courts have changed their position on this point; while a sale is still considered to result in termination of employment, the law presumes that an employee of the vendor who is hired by the purchaser is entitled to have his or her time spent in employment with the vendor taken into account for reasonable notice purposes, absent express agreement to the contrary.
It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned...
Employment Standards staff administer and enforce the Employment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of eEmployment Standards staff administer and enforce the Employment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of eEmployment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of eemployment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of eemployment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of employmentemployment.
Under the Employment Standards Act, severance pay is defined and is an amount of money an employer needs to pay an employee on termination if certain conditions are met.
In Howard the Ontario Court of Appeal awarded an employee whose employment was terminated 23 months into a five - year term damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.
A contract is a contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed amount of damages intend for mitigation to apply upon termination without cause, they must express that intention in clear and specific language in the contract.»
Supreme Court of Canada Decision: No Prima Facie Discrimination The Supreme Court dismissed the appeal, with the majority confirming that the employer terminated Stewart for breaching the Policy's requirement to disclose his drug use, and that discrimination based on his disability was not a factor in the termination of his employment.
Serving as outside employment counsel for a national company, advising in - house counsel and human resources professionals on all aspects of employment law including due diligence, hiring and termination issues, wage and hour compliance, risk management, and other employment - related matters.
In all of the circumstances, and considering that the applicant ultimately did find and commence alternate employment at the end of his convalescence, I find an award of $ 10,000 to be appropriate compensation for the impact of the discriminatory termination of his employment, attributable to the Commissionaires, on the applicant's dignity, feelings and self - respect [emphasis added].
She acts often on behalf of senior executives respecting their compensation, employment contracts or termination from employment, and on behalf of both employers and employees in respect of sensitive workplace investigations.
In concluding that the Applicant be awarded $ 10,000 «for the impact of the discriminatory termination» of his employment «on the applicant's dignity, feelings and self - respect», the HRTO delineated the following criteria in making such determination:
Justices Moldaver and Wagner, on the other hand, did find prima facie discrimination based on the reasoning that Stewart's drug dependency was a factor in the termination of his employment, even if it was not the only factor or even a primary factor.
In contrast, his employer took the position that the inclusion of the three - year term was merely a temporal cap on his employment, and that it was able to terminate Mr. Alsip's employment by providing him reasonable notice of termination of employment or pay in lieu.
In this particular case, the Panel decided that a re-employment penalty would not be imposed on the employer, in part because the worker's conduct played a substantial role in the termination of his employment.
Our Labor & Employment attorneys provide advice and representation on a wide range of employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignmeEmployment attorneys provide advice and representation on a wide range of employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignmeemployment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignmeemployment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignment issues.
She has extensive experience representing individual workers in employment discrimination cases on account of race, national origin, religion, gender, disability, sexual harassment, wrongful termination, retaliation, whistle blower and wage and hour claims.
The firm advised one of Asia's most prominent private equity firms on a dispute relating to a former employee's termination of employment and their alleged entitlement to carried interest; EFG International's proposed acquisition of BSI Bank Singapore's private banking business — a $ 1.3 bn (# 1bn) deal that would form one of the largest private banks in Switzerland; and a multi-million claim by a former c - suite executive against Noble Group for unpaid dividends, bonuses, stock options and shares.
Non-Compete: The Employee shall not, either during his or her employment or for a period of twelve (12) months following the termination of his or her employment for any reason including resignation, without the prior written consent of the Company, carry on, or be engaged in, or be concerned with, or interested in, or employed by, any person engaged in or concerned with or interested in a business which is the same as, or substantially similar to, or in competition with, the Company's business at the time of any such termination within a radius of seventy - five (75) kilometres from any Company or Affiliated Corporation office where the Employee was employed during the last twelve (12) months of his or her employment.
With over ten years of litigation experience, Daniela Pavuk has in recent years focused her practice on employment - related matters, including wage and hour disputes, discrimination charges, and wrongful termination matters in administrative proceedings (the Human Rights Bureau, Equal Employment Opportunity Commission, and Unemployment Insurance Division) and in courts on the state and federal level in Montana and Noremployment - related matters, including wage and hour disputes, discrimination charges, and wrongful termination matters in administrative proceedings (the Human Rights Bureau, Equal Employment Opportunity Commission, and Unemployment Insurance Division) and in courts on the state and federal level in Montana and NorEmployment Opportunity Commission, and Unemployment Insurance Division) and in courts on the state and federal level in Montana and North Dakota.
Advising a leading online retailer on TUPE implications of the early termination of an outsourcing arrangement including drafting and negotiating the employment aspects of the termination agreement and new supply agreement with the replacement supplier.
Amy advises on both contentious and non-contentious matters including recruitment and termination of staff, day - to - day HR advice, reorganisations and individual and collective redundancies, changing terms and conditions, post-termination restrictions, employment issues on corporate transactions and outsourcing and employment litigation.
We provide counsel on a variety of employee relations matters, including employment contracts, state and federal compliance, employee terminations and employee claims of every kind.
Wife argued on appeal that the trial court erred when it found Husband's voluntary termination of employment justified a reduction of the spousal maintenance obligation in accordance with A.R.S. Section 25 - 327 (A).
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