Sentences with phrase «lieu of a notice period»

We have written here about your entitlements to a notice period or payment in lieu of a notice period when terminated without cause.

Not exact matches

Yet your employer may give you pay in lieu of notice, or simply pay you for the period without you attending.

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 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.

In the result, the plaintiff was awarded 3 months pay in lieu of notice, as well as benefits for that same period, an amount on the low end of the spectrum awarded to plaintiffs in similar cases.

An employer can fire an employee right away, but provide «pay in lieu of notice» equivalent to what would have been earned over the notice period.

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.

It confirms that the court can grant judgment prior to the expiry of the reasonable notice period - as in this case, the court awarded 17 months of pay in lieu of reasonable, despite the fact that Mr. Paquette had only been out of work for 7 months at the time.

Ms. Langford was informed that she had not successfully completed her probationary period, and was dismissed without further notice or pay in lieu of notice.

Her employment was governed by a written contract, which stated that she would be required to complete a six month probationary period, and that, at any time, she could be dismissed for cause without notice or pay in lieu of notice.

The employer did not provide any notice or pay in lieu of notice in reliance on a probationary clause in Mr. Ly's offer of employment which read, in its entirety, that «[e] mployees are required to serve an initial probationary period of six (6) months for new positions».

Wages earned, or wages which should have been earned, in the notice period are to be deducted from the amount owed by the employer in the form of payment in lieu of notice.

Does the contract stipulate the period of notice or compensation in lieu of notice that must be provided at the time of termination and, if so, does the termination clause meet the minimum requirements prescribed under Ontario's Employment Standards Act?

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.

It is well known that a wrongfully terminated employee deserves an adequate notice period prior to termination or pay in lieu of notice.

The Court of Appeal applied this principle in holding that Select Wines could rely on the probationary period to terminate Mr. Nagribianko's employment by providing him only with his ESA minimum entitlement of one week of pay in lieu of notice.

If the working notice period provided is sufficient, at the conclusion of the working notice period the employee's employment will not be entitled to further notice of dismissal or pay in lieu of notice.

However, if your employment is terminated for no reason, your termination is said to be «wrongful», and as such, you are entitled to what is known as a reasonable notice period or payment in lieu of notice.

With respect to entitlement on termination of employment, the employment contract provided as follows for a without - cause termination: Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice of as may otherwise be required by applicable legislation.

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.

Currently, where an employee provides more notice than required and an employer wants to pay out the employee, the employer must provide pay in lieu to the end of the termination notice period that the employer would have been required to give the employee.

Accordingly, there is at least an argument that the limitation period for wrongful dismissal claims may not start to run until the employee discovers or ought to have discovered that he or she had not received adequate notice of termination or pay in lieu of notice.

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.

The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.