Not exact matches
2 (2)
In the event we wish to terminate your employment without just cause, we agree that we will give you notice of the termination of your employment, or at our absolute discretion, we will pay you, in lieu of such notice, a severance payment equal to the wages only that you would have received during the applicable notice perio
In the event we wish to terminate your employment without just cause, we agree that we will give you
notice of the termination
of your employment, or at our absolute discretion, we will pay you,
in lieu of such notice, a severance payment equal to the wages only that you would have received during the applicable notice perio
in lieu of such
notice, a severance payment equal to the wages only that you would have received
during the applicable
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.
The trial judge awarded damages for wrongful dismissal
of 15 months» pay
in lieu of notice, net
of Workplace Safety and Insurance Board [«WSIB»] benefits the appellant received
during that period, and $ 10,000
in damages for breach
of the Code.
Where a termination clause calls for pay
in lieu of notice, but does not provide for the payment
of benefits
during the
notice period, the entire clause is void as contrary to the Employment Standards Act, 2000.
Not only did DMR fail to put any
of its reasons for termination to Mr. Budge
during his termination meeting, but it also paid him a week
of pay
in lieu of notice, which suggested that the termination was done on a without cause basis.
However, a new decision by the Ontario Superior Court
of Justice confirms that employers may contract out
of paying an employee who is provided pay
in lieu of notice a bonus to which he or she would have become entitled
during the
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.
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.
The «narrow Norton Tool principle» was that it is good IR practice to pay
in lieu of notice in full, not requiring the employee to give credit for any alternative earnings
during the
notice period.