Sentences with phrase «entitlements during their notice period»

Not exact matches

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.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

As the court stated, if a term makes the contract unlawful, then no lawful contractual term can be extracted such as to preserve or save the length of the notice period where the entitlement to benefits during the notice period is contrary to the statute.

While the Court concluded that signing a written employment agreement the day after the employee commenced work did not render the agreement unenforceable, it found that the termination clause contained in the employment agreement improperly excluded the employee's minimum statutory entitlement to benefits continuation during the notice period.

Employers will be prohibited from forcing employees to use entitlements such as vacation or overtime during a termination notice period, unless agreed to by both parties.

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.

The Court further concluded that the employment income which Ms. Brake earned during her statutory notice entitlement period was not deductible as mitigation income, reasoning that statutory entitlements (termination and severance pay) are not damages and that employees are entitled to receipt of these statutory entitlements whether or not they secure new employment during the period they are intended to cover.

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.

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.

In upholding the trial judge's damages award, the Court of Appeal adopted the reasons from Bolland v APV Canada Inc in finding that regardless of income received from other sources during the statutory notice period, an employee is entitled to receive all statutory minimum entitlements regardless of any mitigatory earnings.

Where the termination provisions of existing employment contracts do not explicitly provide an entitlement to benefits during the notice period, employers should seek legal advice on how to best address such circumstances.

In dismissing the grievance, the Arbitrator held that an entitlement to statutory termination pay during the notice period is premised on the employee performing actual work, unless the contract of employment says otherwise.

Employers would be prohibited from forcing employees to use entitlements such as vacation or overtime during a termination notice period, unless agreed to by both parties.

Allowing the employer to terminate an employee during the notice / entitlement period of maternity / parental leave only for situations where the business is closed or suspended.