Sentences with phrase «lieu of reasonable»

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.

By superseding the common law entitlement to damages in lieu of reasonable working notice, the contractual severance clause protects the employer from liability in these enticement or inducement situations.

Any benefit derived from complying with this duty must be deducted from damages awarded in lieu of reasonable notice.

The plaintiff's position was that he was owed 24 months» pay in lieu of reasonable notice.

One year's pay in lieu of reasonable notice for an employee of two and a half years of service was significant progress for Mr. Dunsmuir but the legal analysis was difficult to accept.

It means that employees do not have to accept their termination and seek their remedy exclusively by way of pay in lieu of reasonable notice plus, perhaps, aggravated damages as is the case in non-Code-related discrimination cases.

The Defendant replied that the amount paid (equivalent to 34 weeks of compensation) was within the «reasonable range» of payment in lieu of reasonable notice of termination of employment.

In a recent decision, the Ontario Court of Appeal awarded a former employee restitutionary damages rather than pay in lieu of reasonable 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.

In a recent 2016 decision, the Supreme Court of British Columbia ruled in favour of the Plaintiff - employee, awarding him pay in lieu of reasonable notice following a termination.

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».

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

In lieu of reasonable notice, the plaintiff was offered a lump sum payment totalling the equivalent of four weeks» base salary, which amounted to $ 14,230.97.

The British Columbia Supreme Court recently ruled against the plaintiffs in an action for pay in lieu of reasonable notice due to the plaintiffs» failure to establish that they met their duty to mitigate.

On the issue of the amount of pay in lieu of reasonable notice to which Ms. Brake was entitled, and the effect of her efforts to try to mitigate her damages, Mr. Justice Philips reasoned as follows:

Payment in lieu of reasonable notice is what we commonly refer to as severance.

The law says that such earnings must be deducted from the award of common - law pay in lieu of reasonable notice; to not do so, essentially out of compassion, is to err.

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.

The Court of Appeal held that failure to sign did not constitute grounds for dismissal and if the employer wished to dismiss its employees who refused to sign, pay in lieu of reasonable notice was required.

On the other hand, SNC - Lavalin claimed that 34 weeks of compensation was within the «reasonable range» of payment in lieu of reasonable notice of termination of employment.

In lieu of reasonable notice, Markoulakis was paid an amount approximately equivalent to 34 weeks (eight months) compensation up to the time of the hearing of his motion.

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.

Paying generous salary and benefits in lieu of reasonable notice may be a wiser employer strategy.

Not exact matches

«Considering the deteriorating condition of the state's finances this represents a reasonable accommodation which preserves the integrity of our contract and provides cost savings to the state in lieu of layoffs.

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 leReasonable 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 lereasonable notice of termination or pay in lieu of notice under the legislation.

At trial, the employee sought remedies for wrongful dismissal, including damages for reasonable pay in lieu of notice.

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.

In contrast, his employer took the position that the inclusion of the three - year term was merely a temporal cap on his employment, and that it was able to terminate Mr. Alsip's employment by providing him reasonable notice of termination of employment or pay in lieu.

If an employee is dismissed, the employer must provide reasonable working 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.

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

(1) A fixed term of notice or payment in lieu is not equivalent to common law damages for reasonable notice (the parties negotiated something different);

An employee may be dismissed either on reasonable notice or by payment in lieu of notice.

Reasonable notice, and payment in lieu, is more of an art than a precise determination.

Where notice is not given, the employer is required to pay damages in lieu of notice, but that requirement is subject to the employee making a reasonable effort to mitigate the damages by seeking an alternate source of income.

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.

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.

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.

The majority stressed that the right to terminate on reasonable notice is an implied term — and not the breach — of an employment agreement, and therefore payment in lieu of notice is not damages for breach of contract, but is part of the compensation contemplated by the contract.

The court held that Mr. Krishnamoorthy was entitled to 19 months of pay in lieu of common law reasonable notice.

The Court ultimately held that Mr. Meyers had effectively resigned and was not entitled to reasonable notice or damages in lieu of notice.

Remedies for misappropriation of a trade secret under the federal Act include injunctive relief, damages for actual loss caused by the misappropriation, damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator's unauthorized disclosure or use of the trade secret.

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.

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.

If she was dismissed, what amounts to reasonable pay in lieu of notice?

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.

(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.

(2) Where, on an application under subsection (1), the Tribunal finds that a practice of anti-competitive acts has had or is having the effect of preventing or lessening competition substantially in a market and that an order under subsection (1) is not likely to restore competition in that market, the Tribunal may, in addition to or in lieu of making an order under subsection (1), make an order directing any or all the persons against whom an order is sought to take such actions, including the divestiture of assets or shares, as are reasonable and as are necessary to overcome the effects of the practice in that market.»