Sentences with phrase «consider termination provisions»

The common understanding was that in order to protect employees, courts would consider termination provisions that failed to reference the full scope of the employee's entitlements (including the continuation of benefits) to be unenforceable and instead grant common law notice of dismissal.

Not exact matches

(A) The competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

Cause for such termination may include, but not be limited to: (i) breaches or violations of these Terms or any provision of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self - initiated); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the Animal League or other fundraising event or program in which you are participating; and / or (xi) any other reason reasonably considered by Animal League to be in its best interest.

Employers should also consider the Ontario Court of Appeal's decision in Howard v. Benson Group Inc. (see our previous blog post here) when drafting termination provisions in fixed term employment agreements.

She considered that the activities performed by Sevacare before the termination of the contract were fundamentally the same after the transfer, and rejected the argument that there had been fragmentation resulting in no service provision change.

In North v Metaswitch Networks Corporation («North»), the Court of Appeal considered the enforceability of the following termination provision:

In October, the Ontario Court of Appeal once again considered the enforceability of termination provisions, deciding that a severability clause in an employment agreement will not save a termination provision that provides the employee with less than the minimum ESA entitlements.

Employers who wish to limit their exposure to longer notice periods for skilled, short service employees should ensure that they have well - drafted termination clauses in place, and consider a provision allowing for restrictive covenants to be waived when their harm outweighs their benefit.