Learndirect was hit with an «inadequate» grade from Ofsted for its ESFA funded provision over the summer, but the DfE chose not to serve it with the three -
month termination notice that would typically be expected after a grade four.
Not exact matches
Maricann has not received an official
notice of
termination for the bought - deal offering announced last
month, but said it has been advised orally by the underwriters that they are not prepared to proceed.
A former Albany County sheriff's sergeant who was facing
termination when he resigned two
months ago has filed a
notice of claim against the sheriff and county attorney, accusing them of violating a «confidential» settlement agreement related to his abrupt departure.
The agreement should also include a
termination clause, which allows for either party to terminate the agreement, usually with a
month's prior
notice.
If Audible does not commence selling the Audiobook within 3
months after its receipt of your written
notice, (a) this Agreement will automatically terminate and all rights in the Book and the Audiobook granted to Audible in this Agreement will revert to you and (b) if you agreed to the royalty share payment option with the Producer for production of the Audiobook, Audible will pay the Producer a
termination fee of $ 100 times the actual number of finished hours (in 10 minute increments) in the deal confirmation page; up to a maximum of $ 2,500 as full payment for the Producer's services in creating the Audiobook.
The briskness of the «Urgent»
notice, the immediate cease of points purchases and the already final end - date only a couple
months away came like slaps to the face, and the frequent use of the word «
termination» isn't exactly friendly either.
• Loss of income, employment or both that totaled at least 20 percent of previous earnings for at least six
months — including copies of applicable
termination notices or changes in employment status
Except in the event of insolvency of British Airways or AGL, each of British Airways and AGL will use its reasonable endeavours to give at least six
months»
notice to Members prior to
termination.
In a helpful decision for employers looking to minimize wasteful litigation (Frith v. Cable Birdge Enterprises Limited, 2013 ONSC 6436), an Ontario Divisional Court Judge overturned a trial court judge's decision that a plaintiff could puruse her employer for
termination pay (
notice and severance) before the Ontario Ministry of Labour (MOL) and the Superior Court even though her complaint before the MOL was never adjudicated (it appears she withdrew her complaint
months after filing it).
Any government party can terminate the agreement, but the
notice period for
termination by the federal government is much longer (18
months) than that by a province (6
months).
Employing the historical approach, an employee who had worked for the vendor for twenty years and then for the purchaser for only eleven
months would only be entitled to one week of
notice of
termination pay, pursuant to the provisions of the Ontario Employment Standards Act, 2000.
It may be terminated by either Contracting Party giving
notice of
termination to the other Contracting Party at any time and the
termination shall be effective six
months after the date of receipt of such
notice.
(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other
notice of
termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last three
months of each year that it so continues to operate, or after the commencement of the last three
months of its operation, as the case may be.
You will receive an additional five
months pay in lieu of
notice of
termination as per our obligations under the Employment Standards Act of Ontario.
The break clause permitted
termination in January 2012 by giving six
months» prior written
notice.
The judge was apparently influenced by the fact that the plaintiff remained unemployed for 30
months following
termination, a fact which is generally considered as irrelevant to the fixing of the
notice period.
He argues that he was a dependent contractor and as such was entitled to
notice of
termination of between 6 — 9
months, which should be extended to 12
months given the circumstances of the
termination.
After an employee announced his intention to resign his job 11
months later, his employer decided to terminate his employment before the announced
termination date, deciding that the
notice of resignation period was too long.
An employee will be entitled to reasonable
notice of
termination at common law in these circumstances equivalent to nine
months.
Section 54 says that an employer shall not terminate the employment of an employee who has been continuously employed for three
months or more unless the employer (a) has given to the employee written
notice of
termination in accordance with section 57 or 58 and the
notice has expired; or (b) provides the employee with a payment in lieu of
notice as prescribed by section 61.
A 57 - year old senior executive with just three years service at a logistics company received 14
months notice in a wrongful
termination case, possibly setting a new record.
In Markoulakis v SNC - Lavalin Inc., the Ontario Superior Court of Justice concluded after considering the Bardal factors that long - serving employee Eftihios (Ed) Markoulakis was entitled to 27
months of common law reasonable
notice following his
termination from a senior role at SNC - Lavalin.
Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other
notice of
termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two
months of each year that it so continues to operate, or after the commencement of the last two
months of its operation, as the case may be.
Ms. Wood was therefore entitled to nine (9)
months»
notice of
termination.
The Motion Judge dismisses the Appellant's motion (finds the employment agreement /
termination clause enforceable) but also holds that, should this finding be incorrect, the Appellant would be entitled to 39 weeks or 9
months reasonable
notice.
In the recent decision of Cabott v. Urban Systems Ltd., 2015 YKSC 25; 2016 YKCA 4, the Supreme Court of Yukon awarded a 53 - year - old employee, who had been employed as a professional planner and supervisor for approximately 14
months at the time of her without cause
termination, damages reflective of six
months of reasonable
notice.
All employees who have been employed continuously for more than three
months are entitled to
termination notice or pay if
notice is not given.
For its part, Ainsworth, the employer, argued that he had been given 15
months» working
notice of
termination and, if he found new employment during that time, he would be taken to have resigned and Ainsworth's only remaining financial obligation would be to «top up» his income for the remainder of the
notice period if it was lower than his income at Ainsworth.
The agreement renewed automatically unless either party provided written
notice of
termination within the last six
months.
In the case of Armstrong v Lendon, the Ontario Superior Court of Justice concluded that the employer had to pay 21
months of reasonable
notice plus aggravated damages for the manner of
termination which caused humiliation, embarrassment and the loss of self - esteem.
A
termination letter offered him 30 weeks of his base salary (approximately 7
months), with no consideration of bonus, in lieu of
notice.
Months later, the client chose to stop working with the plaintiff, who was then benched for the next four months before the defendant gave him notice of termin
Months later, the client chose to stop working with the plaintiff, who was then benched for the next four
months before the defendant gave him notice of termin
months before the defendant gave him
notice of
termination.
Therefore, damages were assessed using the 12
months immediately before his
notice of
termination, which encompassed eight
months of «bountiful work» and four
months on the bench.
Importantly, the difference between common law reasonable
notice and the
termination pay in an employment agreement, which is often limited to the statutory minimums, can be substantial with one court stating that reasonable
notice begins at three
months.
This decision extended the ruling in a 2012 decision, Bowes v Goss Power Corp. which had held that where an indefinite hire contract contained a
termination notice clause allowing for
termination on «6
months»
notice or pay in lieu» and the employer terminated without working
notice, there was no duty to mitigate damages or deduction for mitigation earnings.
In its recent decision in Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice awarded 24
months»
notice to a 60 - year - old employee following her
termination.
One would expect that in the case of an employer giving 11
months advance
notice of
termination in writing, that such action would eliminate or dramatically reduce many claims of this nature.
The employer further indicated that it would pay Mr. Lang the compensatory indemnity in lieu of the minimum prior
notice of
termination of employment provided for under the Act respecting Labour Standards should the employee not be called back to work within six (6)
months.
In Munoz v. Sierra Systems Group Inc. 19 the trial judge increased the
notice period because the defendant had placed a non-solicitation clause that restricted the plaintiff from soliciting the clients of the defendant for the 6
months after the
termination of his employment.
The Ontario Court of Appeal recently confirmed not only that dependent contractors are entitled to reasonable
notice of
termination, but that 26
months can be an appropriate
notice period for long - service dependent contractors.
Instead, the meeting was cancelled and Mr. Dunmsuir was given a letter of
termination which provided four and a half
months»
notice of
termination.
He awarded the plaintiff $ 13,520 representing two
months»
notice of
termination of employment.
The judge awarded DeGagne 6
months»
notice of dismissal on the basis that the
termination clause in his employment contract provided him with 6
months»
notice of dismissal during his first year of employment.
Justice Price found that a
termination clause that provided 1 -
month notice of dismissal did not breach the ESA because at the time of
termination the employee's entitlement to
notice pursuant to the ESA was less than 1
month.
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.
She asked for damages equivalent to 12
months»
notice of
termination.
The most extreme example in Ontario of the possible difference between the ESA and reasonable
notice would be an individual who is only entitled to 8 weeks»
notice pursuant to the ESA but who would have been entitled to 24
months reasonable
notice if not for the
termination clause in his or her employment contract.3
It clearly stated that she «shall not have the right to receive any severance payment, damages or indemnity by reason of such
termination» beyond the twelve
months notice specified in the agreement.
On
termination, the employer provided Mr. Paquette with six
months pay in lieu of
notice, ostensibly in accordance with the terms of the contract.
If, during that
month, the tenant, or the holder of a qualifying interest, applies to the court for an order discharging the
notice, the
termination of the tenancy will be suspended and will only terminate if the tenant's application to court is unsuccessful.