Sentences with phrase «lieu of notice without»

The contract of employment is, by its very terms, subject to cancellation on notice or subject to payment of damages in lieu of notice without regard to the ordinary psychological impact of that decision.

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.

Two of the provisions confirmed that Holm was not entitled to any additional compensation, damages, pay in lieu of notice or further notice of termination upon termination without cause, other than what was provided by s. 2 (2).

An employee is wrongfully dismissed if they've been fired without reason or just cause and have not been given reasonable notice of termination or pay in lieu, commonly described as a severance package.

The recent Alberta Court of Appeal decision Styles v Alberta Investment Management Corporation has highlighted the inherent right of an employer to terminate employment without cause on reasonable notice or payment in lieu thereof.

Alternatively, if just cause is too difficult to prove, the employer may simply terminate without cause and provide sufficient notice or pay in lieu 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 ESA.

A summary dismissal is when an employer dismisses an employee without notice or without payment in lieu of notice usually for an act of gross misconduct.

An employer with proper proof the sexual harassment allegations against an employee may be able to dismiss that employee with just cause, and without notice or pay in lieu of notice.

Generally speaking, employees in Ontario are entitled to receive reasonable notice of their without cause dismissal, or pay in lieu of that notice.

The contract provided that if he were terminated without cause, he was entitled to six months of notice or pay in lieu of notice.

An employee who is terminated without cause is not required to mitigate his or her loss when his or her employment contract specifies a fixed term of notice or pay in lieu and the employment contract is silent with respect to mitigation.

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.

Unlike provincial employers who have the ability to dismiss employees without cause provided they provide adequate notice or pay in lieu of notice, federal employers lack the same flexibility as a result of the interpretation of section 240, Part III of the Canada Labour Code (the «Code»), which allows a non-unionized, federally - regulated employee with more than 12 months of service to file a complaint that his or her dismissal is unjust.

AIMCo's action made it impossible for the Plaintiff Styles to meet the LTIP eligibility condition that «participants [in the LTIP] must be actively employed by AIMCo, without regard to whether the Participant is receiving, or will receive, any compensatory payments or salary in lieu of notice or termination on the date of payout, in order to be eligible to receive any payment.»

While the unjust dismissal provisions of the CLC displace the employer's common law right to dismiss employees without cause and without reasons, federally - regulated employers should be aware that non-unionized employees who are nonetheless dismissed without cause can opt to pursue the common law remedy of reasonable notice of termination or pay in lieu via a civil action in court.

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.

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.

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.

The adjudicator's decision was overturned on appeal by the Federal Court, which held that an employer can dismiss an employee without cause so long as it gives notice or pay in lieu of notice in accordance with the Code.

... [A] ny termination of a participant's employment for any reason shall occur on the date Participant ceases to perform services for Micro or any Affiliate without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination [emphasis added]

Prior to Wilson, there were two diverging sets of authority as to whether a federally - regulated employer could dismiss a non-unionized employee without cause, with notice or compensation in lieu of notice.

without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination

[A] ny termination of a participant's employment for any reason shall occur on the date Participant ceases to perform services for Micro or any Affiliate without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination

(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.

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

An employee who has been terminated without cause is presumed to be entitled to reasonable notice of dismissal or pay in lieu of notice of dismissal (a.k.a. a severance package).

This payment is in lieu of your employer giving you reasonable notice in cases of firing without just cause.

In Wilson v. Atomic Energy of Canada Limited, the FCA decided that employers are permitted to dismiss employees without cause, provided that notice or pay in lieu of notice is provided.

[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.

If the Company terminates your employment without cause, the Company shall not be obliged to make any payments to you other than those provided for in this paragraph... The payments and notice provided for in this paragraph are inclusive of your entitlements to notice, pay in lieu of notice and severance pay pursuant to the Employment Standards Act, 2000 («ESA»).

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.

The Agreement included a provision allowing for the employer to terminate Mr. Holland's employment without cause or notice, provided it paid him in lieu of notice in accordance with the Employment Standards Act («ESA»).

The termination clause referenced salary in lieu of notice, without any mention of benefits being paid, should notice not be provided.

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.

If you discharge an employee who has access to critical company data, let them go without warning (you may have to give them a payment in lieu of notice), and don't allow them any access to a computer after termination.

The employment agreement contained a sliding scale as to how much notice or pay in lieu of notice Peter was entitled to in the event that his employment was terminated without cause.

However, would they have to dismiss them on a without cause basis, and therefore provide pay in lieu of notice?

It is activated when the cause of action is discovered — that is, the date that the terminated employee knew or ought to have known that he was discharged without cause and without notice or pay in lieu of notice and that a proceeding would be an appropriate way to get redress.