Sentences with phrase «notice upon termination»

Each of the five employment contracts contained a contractual clause that intended to replace the Employee's right to common law notice upon termination, with the statutory minimums, under Ontario's employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ESA»).

Employees can actually contract out of ability to claim inducement if there is a valid contract stating the amount of notice upon termination.

Keenan v Canac Kitchens, 2015 ONSC 1055 («Canac Kitchens «-RRB- serves as an important reminder that simply using the term «independent contractor» in an agreement is not enough to protect an employer from its obligation to provide, among other things, reasonable notice upon termination.

Canac should have entered an enforceable agreement with the Keenans with a specific provision for notice upon termination.

The Ontario Court of Appeal has confirmed that dependent contractors are entitled to reasonable notice upon termination.

For both parties, pre-determining the period of notice avoids the need for litigation to assess notice upon termination.

Not exact matches

If any Shares remain outstanding after the date of termination, the Trustee thereafter shall discontinue the registration of transfers of Shares, shall not make any distributions to Shareholders, and shall not give any further notices or perform any further acts under the Trust Agreement, except that the Trustee will continue to collect distributions pertaining to Trust assets and hold the same uninvested and without liability for interest, pay the Trust's expenses and sell Bitcoins as necessary to meet those expenses and will continue to deliver Trust assets, together with any distributions received with respect thereto and the net proceeds of the sale of any other property, in exchange for Shares surrendered to the Trustee (after deducting or upon payment of, in each case, the fee to the Trustee for the surrender of Shares, any expenses for the account of the Shareholders in accordance with the terms and conditions of the Trust Agreement, and any applicable taxes or other governmental charges).

The Lord has most sweetly and gratuitously given notice of termination of lease upon «this our earthly tent» (cf 2 Cor 5:1).

Termination We reserve the right at all times to terminate, upon notice to you and for any reason, including for your violation of any of these terms and conditions, your licence to access the site.

Upon termination notice from Sole Society, User will no longer access (or attempt to access) the Service.

Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intentions.

This agreement may only be amended upon notice by tcc to you, or by a writing signed by you and an authorized official of tcc unless otherwise explicitly stated, the terms will survive termination of your membership to the service.

Upon termination of the Agreement in a manner permitted by this Agreement, We will supply notices within thirty (30) days to any Affiliates, contractors, or other partners to discontinue publishing and distributing the Work.

Happy Self Publishing, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, the Happy Self Publishing Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse.

Upon notice of termination by us or you, we will cease selling your Ebooks and give notice to all online bookstores through which we are distributing your Ebooks to cancel listings and terminate sales of your Ebooks within 5 business days from the date of notice of termination; it is possible that some online bookstores may not immediately cease sales of your Ebooks through which we distribute your Ebooks following receipt of such notice, and, until such online bookstores cease sales of your Ebooks, all sales by online bookstores through which we distribute your Ebooks following such notice remain subject to these terms.

Upon termination of the Programme at the end of such notice period, all Flying Club rights of all Members against VAA will cease and, in particular, Miles shall cease to be exchangeable for Rewards or otherwise redeemable.

The High Court held that EE's termination notice «unequivocally communicated» that it was exercising its contractual right to terminate upon insolvency, a right which arose independently of the repudiatory breach.

The language of the contractual termination clause violated the statute because it set out an exhaustive summary of what the plaintiff was to receive upon termination — «drawing the circle» around the employee's termination entitlements — but failing to provide for benefits continuation during the statutory notice period.

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 legislation.

Two of the provisions confirmed that Holm was not entitled to any additional compensation, damages, pay in lieu of notice or further notice of termination upon termination without cause, other than what was provided by s. 2 (2).

The post How Much Notice Are Long - Standing Employees Entitled To Upon Termination?

The Ontario Court of Appeal held that an employer's conduct upon termination or during the notice period can not remedy an otherwise illegal and unenforceable termination clause.

Post Termination Job Search Many persons facing sudden termination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of tTermination Job Search Many persons facing sudden termination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of ttermination will be shocked to learn that there is a legal obligation upon them to look for replacement income, should legal action be taken against the company for the failure to provide proper notice of terminationtermination.

The best way for employers to protect against unanticipated notice liability related to terminations of short service employees is through the preparation and execution of employment agreements which contemplate the amount of notice that the employee will receive upon termination.

The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence of any express provision in an employment contract, written notice of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity of doing so...

(d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred.

In June 2002, the employer sent the employee a new contract that reduced the employee's entitlement upon termination from two years» pay to three weeks» notice or pay in lieu of notice for each year of employment, to a maximum of thirty weeks.2 The employee refused to sign the new employment contract.

Wood argued that the clause excluded Deeley's statutory obligation to contribute to her benefit plans during the notice period and did not clearly require Deeley to pay severance pay upon termination.

In these circumstances, the issue would have become his notice entitlement upon termination, and in the absence of an employment agreement with an enforceable termination clause that limited it, Simoes» notice entitlement could have been quite substantial.

In order to provide a greater level of certainty, federal employers should consider including language in their written employment agreements that limits the amount of notice and severance the employee is entitled to upon termination of employment, but ensuring that this language provides for at least the minimum amounts required by the Code.

An employer ordered by the Ontario Small Claims Court to pay severance despite having provided their former employee a total of sixty - two (62) weeks working notice and ex gratia payment upon termination.

The Court found that DMR paid little attention to the incidents upon which DMR based its position of just cause when they allegedly occurred, and that DMR only raised them in response to Mr. Budge's claim for reasonable notice of termination.

Upon termination the employer paid salary and benefits for 13 weeks of working notice as well as a lump sum equivalent to eight weeks» pay.

Some of the most common are wrongful termination, discrimination, retaliation, violations of the Family Medical Leave Act, violations of the Fair Employment and Housing Act, Violations of the California Family Rights Act, privacy breaches (e.g. disclosure of a medical condition to someone who did not need to know), contract breaches, unfair bargaining and / or union and labor law disputes, unpaid wages, unpaid overtime, failure to pay minimum wage for all hours worked, failure to provide proper pay stubs, failure to pay for unused vacation days upon resignation or termination, failure to pay for all hours worked within 72 hours of quitting, failure to pay for all hours worked immediately upon leaving when the employee gives fair notice or resignation to the employer, failure to keep adequate records, failure to produce employment records upon request, failure to provide wage and pay information upon hiring, misclassification of an hourly employee as an exempt employee, misclassification of an hourly employee as an independent contractor, work place bullying, sexual harassment, disparate impact, disparate treatment, class actions for failure to pay wages and over time, class actions for failure to provide meal and rest breaks, and class actions for failure to reimburse employees for expenses.

It is illegal to provide an employee with less notice and severance than that required by the ESA, even if the parties have agreed that the employee will a lesser amount upon termination.

The legal obligation to make employee whole during the notice period can be modified if the employee's employment contract provides for another period of notice will be provided to the employee upon termination of employment.

A failure to draft prudently may result in the employer being found liable for common law reasonable notice requirements instead of the agreed upon amount in the termination clause.

The Court further stated that an employer's conduct upon termination, or during the notice period, can not remedy an otherwise illegal and unenforceable termination clause.

Damages payable upon termination of employment may include benefits during the reasonable notice period, including any bonuses and other incentives that would otherwise have fallen due during that period.

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd. 2 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's minimum notice and severance entitlements as set out in the ESA.

However, if an employer needs to rely upon one of the grounds under Section 119 of the LPA to terminate employment without paying any statutory severance pay and / or notice under Section 118 of the LPA or to protect an employer from a claim for unfair termination, it is highly recommended that a written notice be issued, which specifies clear and sufficient reasons for termination in the termination notice.

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd5 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's entitlement pursuant to the ESA.

The presumption of reasonable notice will be rebutted if there is clear and unambiguous evidence that the employee and employer agreed to another manner of determining the dismissed employee's entitlements upon termination.

Since the initial Employment Offer did not expressly touch upon the issue of reasonable notice for termination without cause, it was an implied term of the contract that the plaintiff was entitled to the common law standard of reasonable notice.

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.

She said that the judge's interpretation «involved rewriting cl 9» which resulted in the agreement terminating automatically upon the service of notice requiring remedy rather than notice of termination.

Employers sometimes ask me — what is the maximum amount of notice we need to give long - standing employees upon termination?

If the latter, what amount of notice were the Keenans entitled to receive upon termination of the relationship?

He then challenged his termination and the adjudicator disagreed but relied in part on the fact his express terms of employment said he could be terminated without cause upon payment of notice.

Applying these, the court held that on these facts there was a clear and unambiguous (albeit mistaken) notice of termination which the employee was entitled to take at face value and act upon.