Sentences with phrase «lieu of notice under»

Reasonable notice of termination is a principle used where an employer has an obligation upon termination to either provide advanced, reasonable notice of termination or pay in lieu of notice under the legislation.

Not exact matches

[79] Mr. Wyllie's entitlement under the Canada Labour Code is to payment in lieu of notice and to severance pay.

Under what set of conditions is it legal for an employer to issue Wages in Lieu of Notice?

You will receive an additional five months pay in lieu of notice of termination as per our obligations under the Employment Standards Act of Ontario.

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 ESA.

Ultimately, Ms. Doyle brought a claim against Zochem for wages in lieu of notice of termination; damages for sexual harassment under the Human Rights Code (Ontario); and moral damages for Zochem's treatment of her — which included the alleged failure to properly investigate her sexual harassment claim.

«Notice of termination», or «pay in lieu thereof», and «severance pay» are separate obligations under the Ontario ESA.

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.

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?

The employee may have additional entitlements under the common law to reasonable notice of dismissal or compensation in lieu of reasonable notice.

Under section 54 of the Employment Standards Act 2000 («ESA») an employee who has been employed for less than three (3) months can be terminated without statutory notice or pay in lieu of notice.

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.

A dismissed employee can pursue a complaint under the Canada Labour Code even if the employee received notice of the termination or compensation in lieu of notice.

Specifically, the clause allowed the greater of (1) notice or pay in lieu of notice and severance pay under the Employment Standards Act («ESA»), or (2) four weeks» pay per year of service with Olympus or Carsen, up to a maximum of 10 months.

The employer further indicated that it would pay Mr. Lang the compensatory indemnity in lieu of the minimum prior notice of termination of employment provided for under the Act respecting Labour Standards should the employee not be called back to work within six (6) months.

The employer then confirmed the termination of Mr. Lang's employment and paid him the compensatory indemnity in lieu of the minimum prior notice of termination of employment owing under the Act respecting Labour Standards.

Mr. Lang was only entitled to the payment of the indemnity in lieu of the minimum prior notice of termination of employment provided for under the Act respecting Labour Standards.

She was paid approximately $ 45,690, representing eight weeks statutory pay in lieu of notice and the minimum severance pay required under the Employment Standards Act.

In its defence, Deeley argued that the 21 weeks of combined «notice» and «pay in lieu thereof» provided to Wood following her termination exceeded her entitlements under the ESA and that the termination clause was broad enough to include both wages and benefits.

The employment agreement also provided that on termination without cause, the plaintiff would be entitled to the greater of notice or pay in lieu and severance pay under the Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of 10 months.

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.

In the event the [sic] termination of employment, except where such termination is for just cause, the company will provide you with notice (or salary in lieu thereof), and severance pay [if applicable] pursuant to its obligations as an employer and successor employer to NexInnovations Inc. under Employment Standards legislation, as amended.

He was provided with a termination letter, dated Jan. 26, 2011, which set out that, under the terms of his employment agreement, he was entitled to two weeks of salary and car allowance in lieu of notice.

Recourse of failure to provide notice requirements for group termination in addition to any individual notice of termination or payment of severance in lieu thereof required to be given under the Act will also be amended.

Rodgers had been employed by CEVA as its Canadian Country Manager, CEVA's most senior Canadian position, for just under 3 years when his employment was terminated with two weeks» pay in lieu of notice....

While the employees were paid out their severance pay entitlements under the Employment Standards Act, the employer provided them with «working notice» rather than paying them wages in lieu of notice.

As a result of this decision, it is now clear that employees who are regulated under Part III of the Canada Labour Code can not, following their first year of employment, simply be provided with termination notice or pay in lieu, absent a compelling reason for terminating the employment relationship.

(1) When the intended relocation of the child is within the school district in which the child currently resides the majority of the time, the person intending to relocate the child, in lieu of notice prescribed in RCW 26.09.440, may provide actual notice by any reasonable means to every other person entitled to residential time or visitation with the child under a court order.