Sentences with phrase «common law entitlement»

Moreover, drafters must be mindful of how the clause interacts with common law entitlements.

The second step is to determine whether there is something in the bonus plan that would specifically remove the [employee's] common law entitlement.

In Wood v. Fred Deeley Imports Ltd, the Ontario Court of Appeal has provided further insight into the factors that will be considered in determining whether an employment contract is enforceable, and thus properly limits an employee's common law entitlements on termination.

It's not news that employers can not rely on independent contractor language in their agreements to later avoid providing reasonable notice of termination or other common law entitlements.

The employee appealed an earlier decision rendering the termination clause as enforceable and submitted that: (i) his rights to common law notice were retained due to the clause's failure to include express language excluding common law entitlements, and (ii) the clause was void pursuant to the Employment Standards Act, 2000 («ESA») due to it purporting to contract out of the employee's statutory entitlement to severance pay by the lack of any reference to the entitlement.

If employers attempt to undermine those minimum ESA entitlements, they may find themselves responsible for common law entitlements, which are often much higher than statutory entitlements.

Common law entitlements compared to minimal entitlements under the law may be far apart leading to vastly different outcomes.

We are seeking damages for the plaintiffs for minimum provincial statutory entitlements on termination, contractual entitlements on termination, and / or common law entitlements on termination.

Oudin nonetheless opted to pursue CTF in court with the hope of securing pay in lieu of notice in accordance with his common law entitlements.

Wood was awarded 39 weeks of notice pay (9 months), Wood's common law entitlement.

No ambiguity was found in the clause at issue regarding the intention to displace the employee's common law entitlement and the Court concluded that the employee's common law entitlements could not be retained due to «explicit language, which denotes an intent to the opposite effect.»

In Ooserbosch the court held that the employee's misconduct was sufficiently serious to justify his employer's decision not to provide him with his common law entitlement to reasonable notice of dismissal.

However, even if you signed an employment contract limiting your notice period entitlement to the statutory minimums under the ESA, an employment lawyer may be able to find ways to bypass the employment contract and go after your common law entitlements.

If there is a written bonus plan in place, whether there is any express language in the plan which has the effect of ousting the employee's common law entitlement.

Specifically, the Plaintiff argued that his employment with Carsen Group and Olympus Canada was continuous and Olympus Canada could not remove his common law entitlement to reasonable notice of termination without providing him with fresh consideration.

[51] The common law entitlement to reasonable notice of termination has been described by the Supreme Court as a «necessary consideration» of an employment relationship: Machtinger, at p. 1024.

By superseding the common law entitlement to damages in lieu of reasonable working notice, the contractual severance clause protects the employer from liability in these enticement or inducement situations.