Sentences with phrase «lieu of reasonable notice on»

Not exact matches

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.

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.

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

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.

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:

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.

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.