Sentences with phrase «lieu of reasonable notice for»

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.

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».

Not exact matches

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 minimuFor 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 minimufor 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 minimufor 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.

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.

(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);

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.

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 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.

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.

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.