Not exact matches
He wants damages for not going on leave for 23 years and loss
of gross salary
at GHC3, 574.50 per month, multiplied by three months in
lieu of notice.
Those sacked on 9 February had payment in
lieu of notice (PILON) which workers did not agree to because it closes off the opportunity to seek redeployment
at the Commission or elsewhere in the civil service.
In accordance with Article I, Section 7 (C)
of the CuraGen By - laws, the DellaCamera Fund hereby delivers this Solicitation
Notice to CuraGen for the purpose
of nominating the two (2) individuals (the «Stockholder Nominees «-RRB- specified below for election as Class II Directors
of CuraGen
at the 2009 Annual Meeting (or a special meeting held in
lieu thereof).
On the same date, Tang Capital Partners, LP also delivered a
notice (the «Notice») to [VNDA] of its intention to take the following actions at the 2009 Annual Meeting of Stockholders, or any other meetings of stockholders held in lieu thereof, and any adjournments, postponements, reschedulings or continuations th
notice (the «
Notice») to [VNDA] of its intention to take the following actions at the 2009 Annual Meeting of Stockholders, or any other meetings of stockholders held in lieu thereof, and any adjournments, postponements, reschedulings or continuations th
Notice») to [VNDA]
of its intention to take the following actions
at the 2009 Annual Meeting
of Stockholders, or any other meetings
of stockholders held in
lieu thereof, and any adjournments, postponements, reschedulings or continuations thereof:
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.
For example, if an employment contract provides for less than the statutory minimum entitlements that result from terminating employment, then the employer will become liable for payment in
lieu of reasonable termination
notice at common law — often far exceeding the statutory minimums.
At trial, the employee sought remedies for wrongful dismissal, including damages for reasonable pay in
lieu of notice.
Absent a serious fault (in Quebec) or just cause for dismissal, minimum statutory written
notice or pay in
lieu of notice, is required for every terminated employee with more than three consecutive months (in British Columbia and Quebec), or three months (in Ontario and Alberta)
of service on a scale increasing with service up to
at least eight weeks
of notice.
At trial, the plaintiff sought pay in lieu of common law «reasonable notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without notice in case of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice under the ES
At trial, the plaintiff sought pay in
lieu of common law «reasonable
notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without
notice in case
of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days»
notice even though his service
at the time entitled him to much more than 15 days» notice under the ES
at the time entitled him to much more than 15 days»
notice under the ESA.
In any event, in Ontario, almost any employee can be terminated
at any time, no matter the reason, but only with appropriate
notice or pay in
lieu of notice.
The reference to
notice in paragraphs 9 (b) and (c) can,
at the Company's option, be satisfied by our provision to you
of pay in
lieu of such
notice.
By operation
of sections 5, 54, and 57
of the Employment Standards Act, 2000, he was owed
at least one week's
notice of termination or pay in
lieu thereof.
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.
In contrast to common law reasonable
notice, an employee's
notice entitlements under the ESA are capped
at eight (8) weeks»
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.
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?
Although
at present this decision is somewhat
of an outlier, employers should be aware that damages in
lieu of reasonable
notice for long - service employees — particularly those in supervisory roles whose age and specialization may make alternative employment harder to find — could exceed the traditional 24 - month «ceiling».
If the Code did not exist, employers could, under common law, dismiss non-unionized employees
at any time, as long as they provided reasonable
notice or pay in
lieu of notice.
(b)[Sifton] may terminate your employment without cause
at any time by providing you with
notice or payment in
lieu of notice, and / or severance pay, in accordance with the Employment Standards Act
of Ontario.
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.
In short, a finding that the employee has been constructively dismissed entitles the employee,
at a minimum, to payment in
lieu of notice.
[The Company] is entitled to terminate your employment
at any time without cause by providing you with 2 weeks»
notice of termination or pay in
lieu thereof for each completed or partial year
of employment with the Company.
In consideration
of what is under this provision, the employee expressly waives any claim against the Employer, in the event
of termination
of employment, all other amounts whatsoever for damages, compensation in
lieu of notice or in any other capacity whatsoever by reason
of termination
of employment, except for wages, vacation pay and other benefits earned and unpaid
at the time
of termination.
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.
From the respondent's written and oral submissions
at trial, it is apparent that the respondent [employer] accepted that it had the onus to demonstrate, on a balance
of probabilities, that it had just cause to terminate the appellant's employment without
notice or compensation in
lieu of notice.
At trial, the judge held the contract
of employment had not been frustrated due to the employee's failure to obtain the legally required licence, and the casino was obligated to provide pay in
lieu of notice of dismissal.
At the time
of his dismissal from employment, Mr. Wellman was provided with two weeks pay in
lieu of notice, ostensibly in accordance with the terms
of his employment contract with The Herjavec Group.
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.
Calculating pay in
lieu of reasonable
notice, as Justice John Laskin once wrote, is «an art not a science» (Minott v O'Shanter Development, [1999] OJ No 5 (OCA), but employment lawyers are reasonably good
at predicting a range
of outcomes based on precedent.