Sentences with phrase «cause termination of employment»

Even though the Federal Court of Appeal concluded that a without cause termination of employment is not automatically «unjust», the Court left no doubt that not every such dismissal is just.

Not exact matches

Termination with cause is a harsher measure, often referred to as the «capital punishment of employment law» and means employees aren't entitled to any notice or payment in lieu of notice.

In order to support the continuity of senior leadership, we have employment agreements with Ms. Katz and Messrs. Skinner and Gold which provide, among other things, for payments to the executive following a termination of employment by the executive for «good reason» or a termination of the executive's employment by us without «cause.»

The triggering events constituting «good reason» and «cause» were negotiated to provide protection to us for unwarranted termination of employment that could cause harm to us as well as to provide protection to the executive.

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.

This appointment follows the termination of Dov Charney, former President and Chief Executive Officer, for cause in accordance with the terms of his employment agreement.

«The vesting of each executive's awards will accelerate upon termination of his employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined in such executive's employment agreement) if such termination takes place upon or within two years following a change in control (as defined in such executive's employment agreement) that occurs during the term of his employment agreement and such executive signs a general waiver and release that has become effective.»

If the Release Requirements are satisfied, then the portion of any payments that would otherwise have been paid during the period between the Termination Date and the Release Date shall instead be paid as soon as reasonably practicable following the Release Date (or, if the Review Period applies and the Board has notified you that it is reviewing your cessation of employment under the lookback provisions of the Cause definition, the end of the Review Period with regard to payments that qualify as short term deferral under Section 409A of the Code).

«The board requested of me and authorized me to initiate the process of termination for cause as defined in Coach Pitino's employment contact.»

Having worked both sides of the union issue in public employment, I can tell you that no union contract fails to include termination or discipline for cause.

I understand that there is no express or implied contract of employment and that if employed I have been hired at the will of the employer and that my employment may be terminated at will, at any time: and with or without cause the employer's only obligation being to pay salary or wages due and owing at the time of termination.

2 (2) In the event we wish to terminate your employment without just cause, we agree that we will give you notice of the termination of your employment, or at our absolute discretion, we will pay you, in lieu of such notice, a severance payment equal to the wages only that you would have received during the applicable notice period.

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.»

The Federal Court of Appeal acknowledged that for a very long time there had been two divergent and conflicting lines of case law regarding the question of whether Part III of the Canada Code permits terminations of employment without cause.

However, termination for cause has been described by the Ontario courts as the «capital punishment» of the employment relationship.

When an employee's employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.

Other advanced industrial nations simply require a showing of just cause for termination of employment and have a less onerous standard for recognizing constructive discharge.

The Employment Standards Code provides that an employee can not receive less than the prescribed amount of severance in the event of without - cause termination.

In summary, the Court of Appeal held that where an employment agreement contains a stipulated entitlement on termination without cause, the amount in question is either liquidated damages or a contractual sum.

Minken Employment Lawyers is your source of expert legal advice and advocacy on terminations for cause and other employment law issues, serving Toronto, Greater Toronto Area (Markham, Newmarket, Aurora, Richmond Hill, North York, Vaughan, Woodbridge, Mississauga, Brampton, Pickering, Ajax, Stouffville, Uxbridge, Brooklin, Whitby, Oshawa etc.), Ontario, Canada as well as national and international clients for overEmployment Lawyers is your source of expert legal advice and advocacy on terminations for cause and other employment law issues, serving Toronto, Greater Toronto Area (Markham, Newmarket, Aurora, Richmond Hill, North York, Vaughan, Woodbridge, Mississauga, Brampton, Pickering, Ajax, Stouffville, Uxbridge, Brooklin, Whitby, Oshawa etc.), Ontario, Canada as well as national and international clients for overemployment law issues, serving Toronto, Greater Toronto Area (Markham, Newmarket, Aurora, Richmond Hill, North York, Vaughan, Woodbridge, Mississauga, Brampton, Pickering, Ajax, Stouffville, Uxbridge, Brooklin, Whitby, Oshawa etc.), Ontario, Canada as well as national and international clients for over 20 years.

Even in the presence of conduct that seems to justify termination for cause, the misconduct must be of such a degree that the employment relationship is completely undermined.

legal problems they don't know that they have, e.g., one unserviced legal problem often leads to several more — e.g., termination of employment without cause or compensation, means debt, loss of property, family break - up, depression, substance abuse, and sometimes suicide, etc.; and, (3) enlist the help of the social media, news media, pressure groups, and those political parties in opposition to governments; (4) everyone should complain loudly to all of the above about law societies» failure to try to solve the unaffordable legal services problem — their failure to attack it is the cause.

Given that both wrongful dismissal and constructive dismissal are characterized by employer - imposed termination of the employment contract (without cause), there is no principled reason to distinguish between them when evaluating the need to mitigate.

By agreeing to an employee's entitlements in the event of termination without cause at the beginning of the employment relationship, there will be little to fight about in the event that the relationship does end in a termination without cause.

The termination of her employment «for cause» was sent to her in writing soon thereafter.

There are a number of legal issues to consider, including whether there are sufficient circumstances to prove just cause, the effect of any employment agreement, and the amount of notice of termination or pay in lieu of notice required by the Employment Standards Act, 2000 and the cemployment agreement, and the amount of notice of termination or pay in lieu of notice required by the Employment Standards Act, 2000 and the cEmployment Standards Act, 2000 and the common law.

In some industries and for specific jobs, honesty is of paramount importance and an employee's dishonest conduct can result in summary termination of employment for just cause.

Also, claiming after the fact that there was just cause after a without cause termination has already occurred is a dangerous move; employees suffer greatly when they are accused of things at the end of the employment relationship, as it can prevent them from finding new employment.

One of the cases presented to me at this moot was Kathryn Leah Smithen v. Law Society of Upper Canada, dealing with an applicant who «disclosed a criminal history of 38 or 39 convictions for fraud - related offences between 1979 and 1993, several outstanding civil judgments, two judgments entered against her in actions involving fraud, two terminations of employment for cause, and two declarations of bankruptcy.»

Do the performance deficiencies amount to «just cause» for dismissal enabling termination of the superintendent's employment without notice or compensation?

DMR responded by alleging that it had just cause for the termination of Mr. Budge's employment and that he therefore was not entitled to reasonable notice.

The Court of Appeal held that when the employer terminated a fixed term employment contract, without cause, and there was no enforceable provision for early termination without cause, the employee was entitled to the compensation that he would have received to the end of the employment contract.

For example, if the employment contract does not contain a termination clause the court will find that there is an implied term in the employment contract that the contract may only be terminated by the employer without cause by providing the employee with reasonable notice of notice of dismissal.1 Express and implied terms in a contract are equivalent in effect.2

That means including an employment «pre-nuptial agreement» or «pre-nup» — a contractual limitation on an employee's post-employment entitlements in the event of termination without cause — in your employment agreements.

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.

In fact, the first Canadian court decision that addressed the issue of termination of employment for cause due to comments made on social media was made by the British Columbia Supreme Court in the 2014 case Kim v International Triathlon Union («Kim»).

Termination of employment in Ontario can occur in two different ways: (i) termination without cause; or (ii) terminationTermination of employment in Ontario can occur in two different ways: (i) termination without cause; or (ii) terminationtermination without cause; or (ii) terminationtermination for cause.

Typically, an employee who is dismissed without cause does not receive advanced warning of the termination of employment.

[The Company] is entitled to terminate your employment at any time without cause by providing you with 2 weeks» notice of termination or pay in lieu thereof for each completed or partial year of employment with the Company.

The employment agreement also provided that on termination without cause, the plaintiff would be entitled to the greater of notice or pay in lieu and severance pay under the Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of employment agreement also provided that on termination without cause, the plaintiff would be entitled to the greater of notice or pay in lieu and severance pay under the Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of 10 months.

In the event the [sic] termination of employment, except where such termination is for just cause, the company will provide you with notice (or salary in lieu thereof), and severance pay [if applicable] pursuant to its obligations as an employer and successor employer to NexInnovations Inc. under Employment Standards legislation, aemployment, except where such termination is for just cause, the company will provide you with notice (or salary in lieu thereof), and severance pay [if applicable] pursuant to its obligations as an employer and successor employer to NexInnovations Inc. under Employment Standards legislation, aEmployment Standards legislation, as amended.

Since the initial Employment Offer did not expressly touch upon the issue of reasonable notice for termination without cause, it was an implied term of the contract that the plaintiff was entitled to the common law standard of reasonable notice.

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.

From the employer's perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a «without cause» termination.

A full contingent of five judges sitting at the Ontario Court of Appeal unanimously ruled that where an employment agreement provides for a stipulated sum upon termination without cause, and is silent as to the employee's obligation to mitigate, the employee will not be required to mitigate.

In refusing to grant summary judgment fixing the applicable notice period and dismissing the plaintiff employee's claims for moral and punitive damages in a termination without cause case, the Honourable Justice Margaret Eberhard in the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, held that the answer may be that no, the employer can not terminate the employee's employment on a without cause basis with impunity.

Speaker, «Breaking Up is Hard to Do — Just Cause Terminations, Off - Duty Conduct and the Benefits and Pitfalls of Employment Contracts,» Dentons CPD Bootcamp, Toronto, November 2015.

He then challenged his termination and the adjudicator disagreed but relied in part on the fact his express terms of employment said he could be terminated without cause upon payment of notice.

Age at termination, damages, employment law, long - term employee, mitigation, notice period, reasonable notice, reasonable termination notice, statutory obligations, statutory requirements, Statutory severance, supervisor, termination, termination notice, termination without cause, wrongful dismissal, years of service

A layoff is a termination of employment; however, the use of the term layoff is usually understood to have a connotation of either resulting from a shortage of work or being temporary in nature, rather than permanent termination or for cause.