The company also argued that there would have been no stigma had Farwell accepted the job
during his notice period because he was well liked and respected by his colleagues and he had previously excelled and commanded respect as Purchasing Manager.
Not exact matches
The magazine
noticed little else
during the
period of the meeting — partly a reflection of the geographical nearness of the event itself (a mere short train ride away), and partly
because the 1947 Amsterdam Assembly had been relatively subdued following the end of World War II.
Newborn babies need to feed often
because their stomachs are still very small; however, by the time they reach three months of age, you will
notice that they start to feed less
during the night and sleep for longer
periods between feeds.
Jeff hadn't
noticed this post
because he was out hunting
during the above
period.
The language of the contractual termination clause violated the statute
because it set out an exhaustive summary of what the plaintiff was to receive upon termination — «drawing the circle» around the employee's termination entitlements — but failing to provide for benefits continuation
during the statutory
notice period.
Justice Conlan's 2014 decision in Gristey v. Emke Schaab Climatecare Inc. reduced the
notice period by one third
because of the finding that if the employee's job had not be terminated, he would have ended up working fewer hours
during this
notice period anyhow as the employer's business was shrinking.
Employees will argue that income earned
during the
notice period should not be deducted
because it was earned from substantially inferior work.
The Divisional Court reversed the lower court's decision, holding that Mr. Nagribianko was not entitled to reasonable
notice because he was dismissed
during his probationary
period after receiving a reasonable opportunity to demonstrate his suitability for the position.
TeraGo Networks successfully argued that Mr. Paquette was not entitled to a bonus that would have been paid
during the reasonable
notice period because the terms of the bonus plan required that Mr. Paquette be «actively employed» on the date the bonus was to be paid.
This is
because employers are often concerned that an employee who has been given working
notice of dismissal will suffer from low morale and a negative attitude
during his or her working
notice period.
Zoomermedia argued that that the termination provision was unenforceable
because it contravened section 61 (1) of the ESA by expressly excluding entitlement to short - term and long - term disability benefits
during the statutory
notice period.
As a result the judge increased the
notice period «slightly»
because clients of the defendant were «off - limits» in terms of a job search
during that
period (para. 92).
Many employers are unaware that
because a dismissed employee is entitled to be made whole
during the reasonable
notice period the employer risks becoming the dismissed employee's de facto insurance provider if the employer unilaterally cancels the dismissed employee's insurance benefits without the employee's consent
during the employee's reasonable
notice period.
The termination clause was found to be unlawful and therefore void
because the words «any amounts paid» could be read as failing to provide for the continuation of the plaintiff's benefits
during the plaintiff's statutory (ESA)
notice period.
If the termination clause contravened the ESA
because it excluded Deeley's statutory obligation to make benefit contributions
during the
notice period, and did not satisfy Deeley's statutory obligation to pay severance pay; and
That is, the appellant took issue with the trial judge's finding that under the Employment Agreement the appellant was not entitled to compensation for the loss of the LTIP benefits he would have earned
during a
period of reasonable
notice because the appellant was only entitled to severance pay, not the salary and other benefits which would have flowed to him
during a
period of reasonable
notice.
However, on the facts here the defence of affirmation had been made out (at least in relation to most of the allegations)
because during the defendant's absence the claimants had made it clear that they wanted him to return to work (at least for the full
notice period).