Employees and employers are entitled to negotiate employment contracts that do not provide for the continuation of benefits or compensation (typically stock options, bonuses and pension contributions)
during the reasonable notice period if the employee is dismissed without cause.
Not exact matches
In Nagribianko v. Select Wine Merchants Ltd., the Ontario Court of Appeal examined the enforceability of probationary clauses and ultimately concluded that
if parties to an employment contract agree to a probationary
period, the right to common law
reasonable notice can be rebutted where the employee is terminated
during the probationary
period.
In other words,
if a dismissed employee is entitled to 10 months
reasonable notice and 18 weeks»
notice and severance pursuant to the ESA, the court will award the dismissed employee damages representing 10 months»
notice and, presuming the ESA entitlement has been paid, will reduce the award of damages for the money already paid to the employee
during the
notice period.
(3) Subsection (1) does not apply
if the temporary help agency offers the assignment employee a work assignment with a client
during the
notice period that is
reasonable in the circumstances and that has an estimated term of one week or more.
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.
We can provide efficient, cost - effective advice and representation
during the termination process, including determining the nature of the relationship, whether or not the termination or dismissal is for cause, and the
reasonable notice period and severance package,
if any.
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.
If the variable compensation plan is ambiguous about payment after the employee has been dismissed then the employee will be entitled to the variable compensation if it would have been paid during the reasonable notice period
If the variable compensation plan is ambiguous about payment after the employee has been dismissed then the employee will be entitled to the variable compensation
if it would have been paid during the reasonable notice period
if it would have been paid
during the
reasonable notice period.4