Sentences with phrase «compensation in lieu of notice»

From the respondent's written and oral submissions at trial, it is apparent that the respondent [employer] accepted that it had the onus to demonstrate, on a balance of probabilities, that it had just cause to terminate the appellant's employment without notice or compensation in lieu of notice.

In the instant case, probationary status is reflected in the magnitude of the compensation in lieu of notice.

In consideration of what is under this provision, the employee expressly waives any claim against the Employer, in the event of termination of employment, all other amounts whatsoever for damages, compensation in lieu of notice or in any other capacity whatsoever by reason of termination of employment, except for wages, vacation pay and other benefits earned and unpaid at the time of termination.

In such circumstances, the employee is entitled to compensation in lieu of notice and, where appropriate, damages.

A dismissed employee can pursue a complaint under the Canada Labour Code even if the employee received notice of the termination or compensation in lieu of notice.

Prior to Wilson, there were two diverging sets of authority as to whether a federally - regulated employer could dismiss a non-unionized employee without cause, with notice or compensation in lieu of notice.

Does the contract stipulate the period of notice or compensation in lieu of notice that must be provided at the time of termination and, if so, does the termination clause meet the minimum requirements prescribed under Ontario's Employment Standards Act?

Not exact matches

Two of the provisions confirmed that Holm was not entitled to any additional compensation, damages, pay in lieu of notice or further notice of termination upon termination without cause, other than what was provided by s. 2 (2).

Assuming the unfair dismissal claim is successful, the employment tribunal will assess your total loss, and therefore, he or she will have to give credit for any amount already received from their employer as compensation (these may include enhanced redundancy payments or pay in lieu of notice.)

claim is successful, the employment tribunal will assess your total loss, and therefore, he or she will have to give credit for any amount already received from their employer as compensation (these may include enhanced redundancy payments or pay in lieu of notice.)

In lieu of reasonable notice, Markoulakis was paid an amount approximately equivalent to 34 weeks (eight months) compensation up to the time of the hearing of his motion.

On the other hand, SNC - Lavalin claimed that 34 weeks of compensation was within the «reasonable range» of payment in lieu of reasonable notice of termination of employment.

The employee may have additional entitlements under the common law to reasonable notice of dismissal or compensation in lieu of reasonable notice.

As many employers know, if one's employment is terminated without cause and the employee is provided pay in lieu of reasonable notice, the employee is nonetheless entitled to his or her entire compensation package during the reasonable notice period.

The Defendant replied that the amount paid (equivalent to 34 weeks of compensation) was within the «reasonable range» of payment in lieu of reasonable notice of termination of employment.

The majority stressed that the right to terminate on reasonable notice is an implied term — and not the breach — of an employment agreement, and therefore payment in lieu of notice is not damages for breach of contract, but is part of the compensation contemplated by the contract.

Moreover, compensation is only provided in lieu of advance written notice of termination from the employer.

Given that it has always been my understanding that the purpose of «wrongful dismissal» damages is to provide the dismissed employee with the salary he would have otherwise earned had the employee been dismissed on proper (working) notice, and not to punish for the «wrongful» act, I fail to see why compensation paid in lieu of such wages should be treated differently.