Sentences with phrase «minimum notice period»

What is the minimum notice period for a special assessment to its members?

The reasoning in ADGA has been applied in several recent decisions of the Ontario Superior Court.7 This line of caselaw defeats the argument that a termination clause that provides for a minimum notice period but not a ceiling is ambiguous and therefore unenforceable.

Reasonable Notice The British Columbia Employment Standards Act imposes a mandatory minimum notice period once an employee has worked a minimum of 3 months, as follows:

For example the legislation, if enacted as it is currently drafted, will increase the minimum notice period (for tenancies of less than six months) from 28 to 90 days.

While the chambers judge found that Holm's notice entitlement was limited to s. 2 (2) above, the requirement that the notice period be «in accordance with the provincial legislation» did not set the statutory minimum notice period as a ceiling.

It is not possible to withdraw money from a Notice Deposit Account without waiting out the mandatory minimum notice period as per the type of account opened.

Not exact matches

That's the clause in NAFTA where one country can serve notice of its intent to withdraw, after a minimum six - month waiting period.

«[E] ach policy of aircraft accident liability insurance... shall specify that it shall remain in force, and may not be replaced, canceled, withdrawn, or in any way modified to reduce the minimum standards set forth in this part, or to change the extent of coverage by the insurer or the carrier, nor expire by its own terms in regard to coverage for the carrier in its common carrier operations in air transportation, until 10 days after written notice by the insurer (in the event of replacement, by the retiring insurer), or by the insurer's representative, or by the carrier to the Department... which 10 - day notice period shall start to run from the date such notice is actually received at the Department.»

You may request to have your work removed at any time after the applicable minimum period by giving us 72 hours notice via the contact form.

In fact, we just looked back at one of our MAP (minimum advertised price) lists which features the new GTab, and noticed that the XOOM's pricing period ended on 7/21.

According to Section 204.2 of Regulation D, non-personal time deposits must be subject to a minimum early withdrawal penalty provided they have a notice or stated maturity period of 1.5 years or more.

Please note that a minimum period of 48 hours notice is required to redeem points for a reward night stay.

Blogger Dan Miller, whose website Points With a Crew focuses on inexpensive family travel, says he recently missed out on $ 400 worth of a sign - up bonus because he didn't notice that his period for reaching a minimum spending requirement had expired.

I noticed that the change in cloud cover from the minimum to maximum of the solar cycle was 2 percent, much less than the 10 % change in CO2, over the period of their study.

You may have noticed that generally, overnight, the surface cools to a lower temperature than the minimum during the period when exposed to the Sun.

If you look at my tables here, http://blogs.24.com/henryp/2013/02/21/henrys-pool-tables-on-global-warmingcooling/ you will notice that if we take the speed of warming over the longest period, we find a ratio of maxima: means: minima of 0.036:0.014:0.006.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

Where there is no written employment contract restricting rights at termination or the employment contract is void because it is in breach of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.

While the Court concluded that signing a written employment agreement the day after the employee commenced work did not render the agreement unenforceable, it found that the termination clause contained in the employment agreement improperly excluded the employee's minimum statutory entitlement to benefits continuation during the notice period.

concurring) gave effect to the rule in Machtinger that parties to employment agreements can include a fixed period of notice in an employment agreement, thereby displacing the common - law period of «reasonable notice,» provided that the agreement does not violate the minimum statutory requirement relating to notice.

... a contract of employment for an indefinite period requires that the employee be given reasonable notice of an intention to terminate the contract if dismissed without cause... this principle is characterized as a presumption, rebutted only if the contract clearly specifies some other period of notice, either expressly or impliedly, and such other period is not inconsistent with legislated minimums.

The notice period shall amount to one week per year of service with a minimum of four weeks or the notice required by the applicable labour legislation.»

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?

In most cases, an employee is entitled to more notice than the statutory minimum, regardless of whether the employee has worked for the employer for a very long or very short period of time.

Employers must compensate the employee for the period that reflects their minimum statutory notice period, failing which the employer could be held to pay moral damages.

The Court noted the well - established presumption that an employee whose employment is terminated without cause is entitled to common law reasonable notice unless some other notice period, which meets the minimum entitlements under the Employment Standards Act, 2000 (the «ESA»), is clearly specified in the employment agreement, either expressly or impliedly.

The Court of Appeal applied this principle in holding that Select Wines could rely on the probationary period to terminate Mr. Nagribianko's employment by providing him only with his ESA minimum entitlement of one week of pay in lieu of notice.

For amounts in excess of statutory minimums, if the employer agrees to pay the employee reasonable notice and continue benefit contributions for an equivalent period of time, then the employee has no losses or damages, and therefore may be required to accept salary continuance.

Where an employer terminates the employment contract without serving advance notice meeting the minimum period requirement above, the employee shall pay the employee wages for the advance notice period.

Often, employers try to limit their employees» termination notice periods to the minimum entitlements under the Employment Standards Act («ESA»).

However, any agreement or policy that limits the employee to only certain entitlements during the reasonable notice period must comply with the minimum standards of either the Employment Standards Act («ESA») or Canada Labour Code.

Therefore individuals with the statutory minimum of 5.6 weeks» holiday entitlement are entitled to notice which is at least twice the period they are required to take, i.e. 2 weeks» notice for a 1 week holiday.

A Termination Clause that Provides a Notice Period that is Less than the Minimum Provided By the Employment Standards Act is Void

In upholding the trial judge's damages award, the Court of Appeal adopted the reasons from Bolland v APV Canada Inc in finding that regardless of income received from other sources during the statutory notice period, an employee is entitled to receive all statutory minimum entitlements regardless of any mitigatory earnings.

A termination clause the provides for a fixed notice period can easily be made compliant with the ESA simply by stating that the employee will receive «the greater of the fixed notice period or the minimum notice and severance provided by the ESA», or words to that effect.

This would require the notice period in a contract of employment for a new employee to meet the minimum notice requirements for an employee of the longest conceivable years of service.

The policy considerations applied in Machtinger would not be served if the contract were to be interpreted in favour of the employer so as to leave the individual employee responsible for determining, at the point of termination, whether the statutory minimum had risen above the notice period stated in the contract.

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.

In various decisions, such clauses were found to be unenforceable because of ambiguity or due to a lack of express language providing that the minimum statutory terms apply (with respect to notice periods, continuation of benefits, etc.).

However, in recent years, Canadian courts have been unsettled on the necessary requirements of termination clauses which attempt to limit the notice period to the «statutory minimums».

Parties to an employment contract are free to contract out of the implied obligation of reasonable notice in favor of a «statutory minimum» notice period, provided the contractual wording is clear and does not offend employment standards legislation.

(a. 1) prescribing the maximum period of time after a default within which a landlord may serve a tenant with a notice of default and the minimum period of notice that must be provided in the notice of default within which the tenant must vacate the residential premises;

Laid off staff will be expected to work during their notice period, and will get only the statutory minimum redundancy pay.

As Article 50 provides a minimum two year period for formal exit negotiations to take place, even if notice had been provided immediately, the GDPR would still come into force.

Before any goods are taken, and again before they are sold, the tenant must be given a prescribed minimum period of notice in writing of the proposed action.

• The parties are free to include break clauses, but in the case of tenancy for more than two years the minimum period of notice for a break clause is 12 months.

Coupled with the requirement of a day to issue the notice of sale and one day at the end of the notice period, the minimum amount of time for this portion of the process is 45 days.