Sentences with phrase «by applicable legislation»

«While there are other decisions of human rights tribunals that have found that remedies could be granted for a failure to satisfy a procedural duty to accommodate even though the accommodation of the particular person would impose an undue hardship on the employer, such decisions can not lead to a conclusion that such interpretation is reasonable or correct if that interpretation can not be supported by the applicable legislation.»

With respect to Miller's employment contract, the court noted that the termination clause did not fall below the legislated minimum because it explicitly provided that the length of notice would be the minimum required by applicable legislation — in this case the Ontario Employment Standards Act, 2000.

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.

AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, KOCH MEDIA DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS.

does not discriminate against applicants based on race, color, religion, sex, national origin, or disability or any other status or condition protected by applicable legislation.

Not exact matches

A special committee examined concerns raised by the PBO concerning independence and concluded that, based on the applicable legislation, PBO was overstepping its mandate.

The Information provided in such Publications is however only intended for use by recipients located in countries where such use does not constitute a violation of applicable legislation or regulations.

There are no remaining urban renewal areas on the Lower East Side, so the legislation, if allowed to become law by the mayor, won't be applicable in this neighborhood.

The book includes five appendices: a snapshot of the socio - economic rights guaranteed by the African Charter on Human and Peoples» Rights (Ratification and Enforcement) Act and Chapter II of the Nigerian Constitution; a plethora of applicable national legislation that are not easily found, as well as international human rights and labour treaties to which Nigeria is a state party.

THAT NYSUT establish a task force which shall include member - participants in each of the public retirement systems, including the retirement plan trustees, if applicable, to discuss possible methods, including legislation, to harness and use public pension plan resources to improve poor labor practices and to provide workers the right to organize and bargain collectively in enterprises controlled by private equity funds, as well as other corporate interests; and

You agree to ensure that any required third parties have given their consent to such processing as required by all applicable law, statute, ordinance, or regulation, including, without limitation, data protection legislation.

The following is applicable until the Idaho State Board Education makes recommendations and any changes have been officially approved by legislation:

== carpooling (by state, by city, by company) == bicycle commuters seeking safe «parking» == scheduled drop off points for e-waste == e-address for companies willing to collect used cooking oil == inventory of recycling regulations, by zip code == e-address of every environmental oversight bureaucrat == e-address of every congress critter... along with their voting record on applicable legislation == list current incentives of various utilities to turn in old applicances by consumers buying, newer more efficent applicances

The advice provided by a skilled family law lawyer takes into account not just the text of the applicable legislation, but the case law interpreting that legislation, the applicable common law principles and the specific circumstances of the family as described by the client.

Although it is true that in Stardust Marine the Court inferred the State origin of the resources from the control exercised by the State over a private undertaking through its majority shareholding, this principle is not applicable to the case at issue since the advantage does not originate from a decision of an undertaking, but from a legislation of a general scope — which is equally applicable to electricity providers in which the State is not the majority shareholders.

The takeaway for employers is that unless you have a pretty solid written employment agreement with your employees (and if you do not, you should speak with an experienced employment lawyer about obtaining one), you should expect to pay more than the minimum amounts prescribed by the applicable employment standards legislation.

However, the AG held that the EU must, when enacting legislation which interferes with the fundamental rights of individuals, «fully assume its share of responsibility» by defining some of the safeguards applicable at least in the form of principles [120].

21 Since the fundamental rights guaranteed by the Charter must therefore be complied with where national legislation falls within the scope of European Union law, situations can not exist which are covered in that way by European Union law without those fundamental rights being applicable.

The research produced by Macfarlane and the Research Institute shows that litigants have enormous difficulty understanding and navigating the rules of court, the rules of evidence, court processes and the legislation applicable to their cases, and that, unsurprisingly, they find the justice system to be impossibly intimidating, incomprehensible and inaccessible.

The applicable insurance legislation and statutory accident benefit regulations, guidelines, bulletins and the regulations surrounding the dispute resolution process under the LAT extend for hundreds of pages, are often complex and are impacted by hundreds of decisions by judges and adjudicators.

The applicable legislation provides minimal guidance, and leaves it open to some interpretation as to how to calculate «average sale price» of uranium sales made by Areva.

It is the process by which we submit a Will to the scrutiny of a judge, to prove the Will was validly executed in accordance with applicable legislation.

While the most recent legislation concerning workplace safety remains young, employers in Alberta can expect that there will be increased activity by government agencies in enforcing applicable health and safety rules throughout the province.

That case concerned a method of anonymisation known as barnardisation, but it seems likely that other comparable methods of manipulation would be treated in the same way and that the approach adopted by their Lordships would be equally applicable where the duty of disclosure arises not from freedom of information legislation but the principles of proper consultation.

Such legal opinions would also deal with special records requirements imposed by regulatory agencies or specialized legislation applicable to particular industries or professions.

The notice period shall amount to one week per year of service with a minimum of four weeks or the notice required by the applicable labour legislation.»

The length of the leave permissible for an eligible employee is still governed by applicable employment standards legislation.

The Court also rejected Market Lofts» position that the claim was barred by the Statute of Limitations on the basis that this legislation was not applicable to the corporation's claim.

The Court rejected the appellant's reliance on the Ontario Court of Appeal's decision in Roden v. Toronto Humane Society.12 In Roden the Court enforced a contract that provided the employee would be provided with the minimum amount of notice «or payment in lieu thereof as required by the applicable employment standards legislation.»

In the initial judicial review hearing Justice Rooke concluded the applicable standard to review the Board's decision was correctness on the basis that the Board's determination that it could increase assessed property value was a true question of jurisdiction — one of the established exceptions to the presumption of deference owed by a reviewing court to a statutory tribunal interpreting its home legislation (see Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2013 ABQB 526 (CanLII) at paras 18 - 31).

The suggestion that the beneficial quality of appellants» proposed construction is established by the fact that the construction would have been consistent with applicable zoning laws ignores the development in sensibilities and ideals reflected in landmark legislation like New York City's.

While the Supreme Court of Canada rejected the approach taken by a majority of the BC Court of Appeal that the doctrine of interjurisdictional immunity protected InSite as a creation of the province's purported «core» legislative power over health issues — the SCC could not identify a «core» power over health exclusive to provinces, found that the ousting of criminal law from the domain of health could potentially create problematic «legal vacuums», and that the CDSA as a whole was still valid and applicable legislation — the Minister's decision to deny an exemption to InSite violated the claimants» section 7 Charter rights.

In some cases private sector organizations can address their rights to notice of access requests for their information by way of contract, or by clearly advising the public body that it considers the information it is supplying to be confidential and within the category of information that is excepted from disclosure under any applicable access legislation, thereby triggering the obligation of the pubic body to provide notice.

40 That provision is intended not only to prevent the concurrent application of a number of national legislative systems and the complications which might ensue, but also to ensure that persons covered by Regulation No 883/2004 are not left without social security cover because there is no legislation which is applicable to them (see, by analogy, Case C ‑ 275 / 96 Kuusijärvi [1998] ECR I ‑ 3419, paragraph 28, and Case C ‑ 619 / 11 Dumont de Chassart [2013] ECR, paragraph 38).

We acknowledge that this trust account is subject to the supervision by the Law Institute of Victoria and is maintained in accordance with the applicable legislation, effective at the time of the deposit.

If you subscribe to the Marvel Unlimited Service directly with Marvel on the Website and you download the App through a third party (e.g., Apple / iTunes or Google Play), you understand that the third party is not responsible for addressing any claims by you or any other person relating to the App or your possession and / or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation; in addition, the third party is not responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim related to the App or your possession and use of the App.

«There is no applicable legislation [to ban cryptocurrency exchanges],» Kim said, as reported by Finder.com.

Broker Owners should be aware that «Live Chat» is governed by all the rules and regulations applicable to your provincial trading legislation.

This change in the form is not driven by any change to the applicable legislation.

Included throughout this issue you'll find Practice Tips: simple, practical suggestions that can assist managing brokers to ensure that strata management services provided by their brokerage are in compliance with the applicable legislation and that their duties and responsibilities are carried out thoroughly and competently.