Sentences with phrase «damages in lieu of»

The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.

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.

Since the change to the direct access model in 2008, the Tribunal has never ordered these damages previously, and the failure to award damages in lieu of reinstatement where an employment relationship is not viable compounds the harm experienced by victims of discrimination.

As damages in lieu of the reinstatement, the Tribunal ordered the difference in pay between the two jobs for a period of five years, totalling $ 65,297.85.

In applying the Canada Labour Code, adjudicators have adopted the so - called «modern approach» to damages in lieu of reinstatement.

In fairness, it may be that applicants don't ask for damages in lieu of the right to reinstatement.

Turner initially sought reinstatement, however at the remedy stage of the hearing, he withdrew his request and instead sought damages in lieu of the right to reinstatement.

Active Tire & Auto Centre Inc. argued that although the employee could have been entitled to notice of termination in the range of 18 to 24 months, the employee should not be entitled to any damages in lieu of notice because he failed to mitigate his damages in two ways:

The BCSC awarded him 15 months salary as damages in lieu of notice; however, the Court declined to award damages in respect of the unpaid bonuses.

The Court ultimately held that Mr. Meyers had effectively resigned and was not entitled to reasonable notice or damages in lieu of notice.

The contract of employment is, by its very terms, subject to cancellation on notice or subject to payment of damages in lieu of notice without regard to the ordinary psychological impact of that decision.

Although at present this decision is somewhat of an outlier, employers should be aware that damages in lieu of reasonable notice for long - service employees — particularly those in supervisory roles whose age and specialization may make alternative employment harder to find — could exceed the traditional 24 - month «ceiling».

Where notice is not given, the employer is required to pay damages in lieu of notice, but that requirement is subject to the employee making a reasonable effort to mitigate the damages by seeking an alternate source of income.

The trial judge awarded the plaintiff damages in lieu of notice equivalent to four months» salary and benefits.

This case was solely about assessing the Plaintiffs damages in lieu of notice and should have taken no more than a day of trial time.

Not exact matches

He wants damages for not going on leave for 23 years and loss of gross salary at GHC3, 574.50 per month, multiplied by three months in lieu of notice.

We believe that strong SEL supports in the early grades, in lieu of exclusionary discipline, can help stave off a damaging snowball effect for children.

Though you lose the home, a deed in lieu of foreclosure can be less damaging to your credit than a foreclosure.

It is only affected adversely when: - you start missing payments - a short sale is closed (the damage can be nominal depending on the # of missed payments)- your property is foreclosed on by the lender either by trust deed or deed in lieu

In lieu of the usual basic attacks and damage spells, each character (and enemy) has a wide variety of actions and abilities, and most battles are tense and meaningful.

Mister Goyes also accused the WWF for its complicit silence in lieu of the fumigation of coca fields in Colombia which has caused damage to the heart of life for communities and irreparable damage to the native forests.

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).

At trial, the employee sought remedies for wrongful dismissal, including damages for reasonable pay in lieu of notice.

Ms. Strudwick sued her former employer in the Superior Court of Justice (the «Superior Court») for aggregate damages of approximately $ 240,000 for pay in lieu of notice, violations of the Human Rights Code, the intentional infliction of mental distress, the cost of fringe benefits, aggravated damages, and punitive damages to punish the employer for its conduct.

The trial judge awarded damages for wrongful dismissal of 15 months» pay in lieu of notice, net of Workplace Safety and Insurance Board [«WSIB»] benefits the appellant received during that period, and $ 10,000 in damages for breach of the Code.

Since the civil justice system (in lieu of the criminal justice system) is being used for the above referenced purposes, the bar for assessment of punitive damages must be set high and used in only the most egregious cases.

The Court held that where an employment agreement stipulates a fixed term of notice or payment in lieu there is no obligation on the employee to mitigate his or her damages, unless the contract clearly and specifically indicates otherwise.

Ultimately, Ms. Doyle brought a claim against Zochem for wages in lieu of notice of termination; damages for sexual harassment under the Human Rights Code (Ontario); and moral damages for Zochem's treatment of her — which included the alleged failure to properly investigate her sexual harassment claim.

(2) Payment in lieu of a fixed term of notice, being liquidated damages or a contractual amount, is not subject to the duty to mitigate; and

Elgert was awarded 24 months» salary in lieu of notice as well as damages in the amounts of $ 60,000 for defamation, $ 200,000 in aggravated damages and $ 300,000 in punitive damages.

In the result, the trial judge awarded Ms. Doyle ten months» wages in lieu of notice; $ 25,000 in damages for sexual harassment; and $ 60,000 in moral damages, which the Ontario Court of Appeal uphelIn the result, the trial judge awarded Ms. Doyle ten months» wages in lieu of notice; $ 25,000 in damages for sexual harassment; and $ 60,000 in moral damages, which the Ontario Court of Appeal uphelin lieu of notice; $ 25,000 in damages for sexual harassment; and $ 60,000 in moral damages, which the Ontario Court of Appeal uphelin damages for sexual harassment; and $ 60,000 in moral damages, which the Ontario Court of Appeal uphelin moral damages, which the Ontario Court of Appeal upheld.

(1) A fixed term of notice or payment in lieu is not equivalent to common law damages for reasonable notice (the parties negotiated something different);

[34] An employment agreement that stipulates a fixed term of notice or payment in lieu should be treated as fixing liquidated damages or a contractual amount.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

On the issue of the amount of pay in lieu of reasonable notice to which Ms. Brake was entitled, and the effect of her efforts to try to mitigate her damages, Mr. Justice Philips reasoned as follows:

Further, there has been a strong indication from the Supreme Court that mechanically applying existing principles to award injunctions in lieu of damages for infringements of property rights in the lower courts is a flawed approach, which is perhaps likely to widen the scope for damages to be awarded in lieu of an injunction and reduce the readiness of the courts to award injunctions.»

In a recent decision, the Ontario Court of Appeal awarded a former employee restitutionary damages rather than pay in lieu of reasonable noticIn a recent decision, the Ontario Court of Appeal awarded a former employee restitutionary damages rather than pay in lieu of reasonable noticin lieu of reasonable notice.

It means that employees do not have to accept their termination and seek their remedy exclusively by way of pay in lieu of reasonable notice plus, perhaps, aggravated damages as is the case in non-Code-related discrimination cases.

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.

Remedies for misappropriation of a trade secret under the federal Act include injunctive relief, damages for actual loss caused by the misappropriation, damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator's unauthorized disclosure or use of the trade secret.

In April 2011, Mr. Lang sent a demand letter to his employer claiming he had been constructively dismissed by reason of the layoff and claiming an indemnity in lieu of prior notice of termination of employment as well as other damageIn April 2011, Mr. Lang sent a demand letter to his employer claiming he had been constructively dismissed by reason of the layoff and claiming an indemnity in lieu of prior notice of termination of employment as well as other damagein lieu of prior notice of termination of employment as well as other damages.

Accordingly, the Court determined that Mr. Bishop had been wrongfully dismissed and was entitled to damages, which included 20 months» payment in lieu of notice.

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

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 terminatioIn 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 terminatioin 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 terminatioin 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 terminatioin 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.

Depending on the circumstances, you could be entitled to damages for wrongful dismissal or for discrimination, to pay in lieu of notice, severance and / or employment insurance benefits.

Any benefit derived from complying with this duty must be deducted from damages awarded in lieu of reasonable notice.

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.

The «make whole» remedial principles of the Ontario Human Rights Code ought to necessitate that where reinstatement is sought and not ordered, damages should be ordered in lieu in order to make the applicant whole to the extent reasonably possible.

The case concerned legal issues of (i) the effect of a compromise in earlier First Tier Tribunal proceedings; (ii) the scope of a right of way (and whether the obstructions were actionable); (iii) whether there was a defence of acquiescence to the injunction claim; and (iv) whether damages were an adequate remedy in lieu of an injunction.

Ms. Patridge was awarded 12 months of pay - in - lieu of notice (less some mitigation) and an additional $ 20,000 in damages for breach of the Human Rights Code.