Sentences with phrase «during the reasonable notice period in»

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.

At common law, as long as a probationary employee is given a fair opportunity to demonstrate his or her suitability for long - term employment, an employer will be able to terminate the employee's employment at any time during the probationary period without providing reasonable notice or damages in lieu.

(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.

This case is a timely reminder for employers in relation to two issues: (1) the standard of misconduct that qualifies as «just cause»; and (2) the potentially significant liability that an employer can incur when a wrongfully dismissed employee becomes disabled during his or her reasonable notice period.

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.

Demonstrate that the employee would not have received a payment or that the bonus would have been nil as per the terms of the bonus plan notwithstanding the employee's eligibility to still participate in it during their reasonable notice period.

The Court of Appeal's decision in Paquette suggests that there are only two effective ways of divesting an employee of a bonus that would otherwise have been payable during the reasonable notice period.

The Supreme Court of Canada reiterated in Honda Canada Inc. v. Keays, 4 at para. 32 that damages are confined to the loss suffered as a result of the employer's failure to give proper notice of dismissal, measured by the loss of wages and salary, and other benefits, that would have been earned during the reasonable notice period.

In my view, the plaintiff's decision to increase the business opportunities of his pre-existing company was a reasonable step to take during the notice period up to December 5, 2013.

In other words, the employer may take the position that the employee is entitled to his or her base salary during the reasonable notice period but is not entitled to continue to collect his or her bonus, stock options or employer pension contributions.

In Correa, the Court awarded a lump sum payment for the maximum notice period, which included damages for the unexpired period of reasonable notice and the plaintiff was ordered to account to the defendant for any earnings during the notice period.

The Court found that a term in a bonus policy that requires active employment when the bonus is paid, without more, is not sufficient to deprive an employee terminated without reasonable notice of a claim for compensation for the bonus he or she would have received during the notice period, as part of his or her wrongful dismissal damages.

A dismissed employee is entitled to be made whole during his or her reasonable notice period.1 In other words, the employee's severance or termination package should include all the employee's compensation and benefits (including any commission, bonuses, stock options, pension contributions and insurance benefits) that the employee would have received had the employee remained actively employed during the notice period.

The remedy is damages paid by the employer in the amount equal to the compensation that would have been earned by the employee during the reasonable notice period that is owed.

Usually, an employer may choose to terminate an employee by providing «reasonable notice» of termination or payment in lieu equivalent to earning that would have been paid during the notice period.

Justice Collier explained that «[t] he law in Québec concerning the payment of bonuses is similar to that in other Canadian provinces... [a] n employee is entitled to receive a bonus owed during a notice period when the employee has a reasonable expectation, based on past practice, that it will be paid.»