Not exact matches
The complaint states that in promulgating the final revisions to PTE 84 - 24, which make the exemption available to «fixed rate annuities,» as defined by DOL, but not to one class of fixed annuities — specifically, «fixed indexed annuities» — the Department «acted without providing adequate
notice and an opportunity for comment, reflecting arbitrary and capricious conduct in excess of its
statutory authority and in clear violation of its obligations to make necessary findings under
applicable law.»
In the event that (i) the Board of Directors proposes, recommends, approves or otherwise submits to the shareholders of the Company, for shareholder action, a Deemed Liquidation Event, and (ii) a Holder has not received written
notice from the holders of a majority of the shares of Key Holder Common Stock that such holders approve the Deemed Liquidation Event, then such Holder hereby agrees to vote (in person, by proxy or by action by written consent, as
applicable) all shares of capital stock of the Company now or hereafter directly or indirectly owned of record or beneficially by such Holder against the Deemed Liquidation Event, to assert
statutory dissenters» rights with respect to the Deemed Liquidation Event, and to take such other action in derogation of the Deemed Liquidation Event as shall be requested by the holders of a majority of the shares of Key Holder Common Stock in order to carry out the terms and provision of this Section x.y..
«Employment can usually be terminated «without cause» if employers provide
applicable statutory minimum entitlements, along with
notice or pay in lieu, under the common law,» he says.
Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of
statutory minimum standards, and in particular: (a)
notice or pay in lieu, (b) benefits continuation during the
notice period, (c) severance pay, if
applicable, and (d) continued vacation accrual during the termination
notice period.
Employees seek job security, but, in most Canadian, non-unionized workplaces, such security is the exception: Employment can usually be terminated «without cause» if employers provide
applicable statutory minimum entitlements, along with
notice or pay in lieu, under the common law.
However, the compensation payable to a dismissed superintendent must include the value of the superintendent's loss of the live - in residential unit, pro-rated over the
statutory and / or common law
notice periods, as
applicable.
The court found that the language was at best ambiguous as to whether the parties intended the
statutory minimum to apply, or simply whether the
applicable notice would be consistent with the legislation.
If the employer terminates an employee for «cause,» the employee is not entitled to
notice, pay in lieu of
notice or
statutory severance pay (if
applicable).