Sentences with phrase «employment during a reasonable notice period»

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.

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.

Alberta law, like that of Ontario, requires a terminated employee to exert reasonable efforts to mitigate lost wages by seeking alternative employment during the applicable 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.

Any employment income that was earned by the plaintiff from other sources during the reasonable notice period will then be deducted.

A court will reduce any monetary award made to the former employee by the amount of employment income the employee earned from other sources during the reasonable notice period.

It concluded that «a term 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.»

However, any agreement or policy that limits the employee to only certain entitlements during the reasonable notice period must comply with the minimum standards of either the Employment Standards Act («ESA») or Canada Labour Code.

Damages payable upon termination of employment may include benefits during the reasonable notice period, including any bonuses and other incentives that would otherwise have fallen due during that period.

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.

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.

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.

Deducting the benefits would provide the wrongfully terminated employee with exactly what he would have received had the employment contract been performed: an amount equal to his salary during the reasonable notice period and thereafter defined benefits for the rest of his life.