The claim must be one over which a civil court would have jurisdiction and must arise or be outstanding
on the termination of employment.
Sash Window Workshop v King [2105] IRLR 348 The Court of Appeal, on appeal from the EAT, referred questions to the ECJ on the retrospective entitlement to payment of an allowance in lieu of annual leave not taken
on termination of employment.
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.
To support the predictions made on this site, we've analyzed hundreds of decisions where Canadian courts have expressly considered the Bardal Factors in determining what period of notice an employee should reasonably be given
on termination of their employment.
Often, an employer may seek to limit its liability
on termination of employment by requiring the employee to sign a contract which purports to limit the sum which is payable
on termination of employment without just cause.
Given the many developments in this area over the last year, including the various pronouncements related to this issue by the Ontario Court of Appeal, employers that have not already done so would be well advised to turn their minds to ensuring that their termination clauses in employment agreements for existing and new employees are enforceable and will achieve the desired result
on termination of employment.
Prior to the introduction of DIFC Employment Law No. 3 of 2012 («DIFC Employment Amendment Law») the position under DIFC Employment Law No. 4 of 2005 («DIFC Employment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity
on termination of their employment.
a. the legal enforceability of restrictive covenants; b. the legal parameters relating to wrongful termination, constructive dismissal or other similar concepts affecting an employee's entitlement to severance
on termination of employment; c. any special employment laws that apply in connection with a change in control or other type of corporate transaction (e.g., an executive's entitlement to severance or the mechanism by which an executive's employment may transfer to a corporate acquirer); and d. other labour - related laws (such as laws related to unions or works councils) that may affect the employment relationship in a particular jurisdiction.
This is in contrast to the current position, where payments in lieu of notice (PILONs)
on termination of employment benefit from the # 30,000 income tax exemption if the employer does not have a contractual right to pay in lieu of notice.
Not exact matches
A frequent writer and lecturer
on employment law topics, Rosenfeld is experienced in the areas
of federal laws pertaining to
employment issues, EEOC, ADA,
termination matters,
employment liability and the Fair Labor Standards Act.
Ms. Katz's agreement also contains obligations
on her part regarding non-competition and non-solicitation
of employees following the
termination of her
employment for any reason, confidential information and non-disparagement
of us and our business.
«Your letter states that the Public Service Agency's review is directed solely at «the human resources and investigation processes and procedures» that led to the
termination of the
employment of a number
of Ministry
of Health employees in 2012, rather than being a review
of the decisions themselves,» Adams wrote
on Whitmarsh's behalf.
We provide information below about (1) the circumstances under which these options and stock awards vest upon
termination of employment or the occurrence
of certain acquisitions, and (2) the hypothetical value each such named executive would have received, if any, upon the vesting
of any
of these option or stock awards as
of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated as
of December 31, 2009 and based
on an NYSE closing price per share
of our common stock
on that date
of $ 26.99.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for
employment services rendered
on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and (v) benefits and perquisites provided in accordance with the terms
of any benefit plan, program or arrangement sponsored by HP or its affiliates that are consistent with Company Practices.
If we terminate Mr. Drexler's
employment without cause or he terminates his
employment with good reason, Mr. Drexler will be entitled to receive (i) a payment
of his earned but unpaid annual base salary through the
termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution
of a valid general release and waiver
of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half
of such payment to be paid
on the first business day that is six (6) months and one (1) day following the
termination date and the remaining one - half
of such payment to be paid in six equal monthly installments commencing
on the first business day
of the seventh calendar month following the
termination date, (b) a payment equal to the product
of (x) the last annual cash incentive award Mr. Drexler received prior to the
termination date and (y) a fraction, the numerator
of which is the number
of days
of service completed by Mr. Drexler in the year
of termination and the denominator
of which is 365, such amount to be paid
on the first business day that is six (6) months and one (1) day following the
termination date, and (c) the immediate vesting
of such portion
of unvested restricted shares and stock options as provided and pursuant to the terms
of the relevant grant agreements under our 2003 Equity Incentive Plan.
We provide information below about (1) the circumstances under which the vesting
of these options and stock awards would accelerate upon
termination of employment or the consummation
of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting
of any
of these option or stock awards as
of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated as
of December 31, 2011 and based
on an NYSE closing price per share
of our common stock
of $ 27.56
on December 30, 2011, the last trading date in 2011.
We provide information below about (1) the circumstances under which the vesting
of these options and stock awards would accelerate upon
termination of employment or the consummation
of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting
of any
of these option or stock awards as
of that date under those circumstances, assuming each named executive's
employment with the Company had terminated or the acquisition had been consummated as
of December 31, 2010 and based
on an NYSE closing price per share
of our common stock
on that date
of $ 30.99.
The letter asks each employee to acknowledge that they have received the «Separation Letter», which outlines the terms and conditions surrounding the
termination of their
employment with Target Canada and provides information
on benefit coverage and the payment
of regular wages throughout the notice period.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided for
employment services rendered
on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and
-- Whenever the Secretary determines, with respect to any certification
of eligibility
of the workers
of an
employment site, that total or partial separations from such site are no longer a result
of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice
of such
termination published in the Federal Register and
on the website
of the Department
of Labor, together with the Secretary's reasons for making such determination.
The regulations adopted by the New York State Board
of Regents based
on the 2010 law changing how the evaluations must work includings a line that says the new evaluations must be «a significant factor in
employment decisions such as promotion, retention, tenure determinations,
termination, and supplemental compensation,» as well as how teacher and principal development is approached.
We will not discriminate in
employment, recruitment, advertisements for
employment, compensation,
termination, promotions and other conditions
of employment against any employee or job applicant
on the basis
of race, color, gender, national origin, age, religion, creed, disability, veterans status, sexual orientation, gender identity or gender expression.
On March 26, 2009, Avigen issued a press release announcing the Board's recommendation with respect to the revised Offer and the
termination of the
employment of certain corporate officers.
Noele advises
on all areas
of the
employment lifecycle from recruitment through to dismissal and regularly advises clients
on disciplinary and grievance matters, absence and performance management, discrimination, redundancy and reorganisations and
termination of employment.
Ms. Schreiber now focuses her practice
on assisting employees
of businesses
of all sizes in claims regarding workplace discrimination, sexual harassment, retaliation, wrongful
termination, unpaid wages, and numerous other
employment disputes.
Chris regularly advises both employees and employers
on executive
employment agreements, workplace policies,
employment standards,
termination of employment and human rights issues.
We prepare all required documents, starting from drafting an
employment agreement or agreement
on its
termination to preparing a company's local acts dedicated to various issues related to regulation
of labor activities.
More recently, the courts have changed their position
on this point; while a sale is still considered to result in
termination of employment, the law presumes that an employee
of the vendor who is hired by the purchaser is entitled to have his or her time spent in
employment with the vendor taken into account for reasonable notice purposes, absent express agreement to the contrary.
It will cover
termination of employment, procedures, protection for workers, compensation as well as insight and opinion
on the most common difficulties employers face and any upcoming legal changes planned...
Employment Standards staff administer and enforce the Employment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
Employment Standards staff administer and enforce the
Employment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
Employment Standards Code, which establishes minimum standards
of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
employment for employers and employees in the workplace.This site contains information
on the minimum standards
of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
employment for employers and employees, including payment
of earnings, minimum wage, hours
of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and
termination of employmentemployment.
Under the
Employment Standards Act, severance pay is defined and is an amount
of money an employer needs to pay an employee
on termination if certain conditions are met.
In Howard the Ontario Court
of Appeal awarded an employee whose
employment was terminated 23 months into a five - year term damages reflecting the balance
of the term
on the basis that the contractual clause providing for early
termination was unenforceable due to ambiguity.
A contract is a contract and, as expressed by Chief Justice Winkler
on behalf
of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an
employment agreement specifying a fixed amount
of damages intend for mitigation to apply upon
termination without cause, they must express that intention in clear and specific language in the contract.»
Supreme Court
of Canada Decision: No Prima Facie Discrimination The Supreme Court dismissed the appeal, with the majority confirming that the employer terminated Stewart for breaching the Policy's requirement to disclose his drug use, and that discrimination based
on his disability was not a factor in the
termination of his
employment.
Serving as outside
employment counsel for a national company, advising in - house counsel and human resources professionals
on all aspects
of employment law including due diligence, hiring and
termination issues, wage and hour compliance, risk management, and other
employment - related matters.
In all
of the circumstances, and considering that the applicant ultimately did find and commence alternate
employment at the end
of his convalescence, I find an award
of $ 10,000 to be appropriate compensation for the impact
of the discriminatory
termination of his
employment, attributable to the Commissionaires,
on the applicant's dignity, feelings and self - respect [emphasis added].
She acts often
on behalf
of senior executives respecting their compensation,
employment contracts or
termination from
employment, and
on behalf
of both employers and employees in respect
of sensitive workplace investigations.
In concluding that the Applicant be awarded $ 10,000 «for the impact
of the discriminatory
termination»
of his
employment «
on the applicant's dignity, feelings and self - respect», the HRTO delineated the following criteria in making such determination:
Justices Moldaver and Wagner,
on the other hand, did find prima facie discrimination based
on the reasoning that Stewart's drug dependency was a factor in the
termination of his
employment, even if it was not the only factor or even a primary factor.
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.
In this particular case, the Panel decided that a re-
employment penalty would not be imposed
on the employer, in part because the worker's conduct played a substantial role in the
termination of his
employment.
Our Labor &
Employment attorneys provide advice and representation on a wide range of employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignme
Employment attorneys provide advice and representation
on a wide range
of employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans, employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignme
employment related matters affecting technology and emerging growth companies, including wage / hour compliance (including classification audits), handbooks, policy manuals and drug testing plans,
employment and independent contractor agreements, terminations, severance plans and releases, sexual harassment training, protection of trade secrets and confidential business information, leaves of absence and return to work issues, and IP ownership and assignme
employment and independent contractor agreements,
terminations, severance plans and releases, sexual harassment training, protection
of trade secrets and confidential business information, leaves
of absence and return to work issues, and IP ownership and assignment issues.
She has extensive experience representing individual workers in
employment discrimination cases
on account
of race, national origin, religion, gender, disability, sexual harassment, wrongful
termination, retaliation, whistle blower and wage and hour claims.
The firm advised one
of Asia's most prominent private equity firms
on a dispute relating to a former employee's
termination of employment and their alleged entitlement to carried interest; EFG International's proposed acquisition
of BSI Bank Singapore's private banking business — a $ 1.3 bn (# 1bn) deal that would form one
of the largest private banks in Switzerland; and a multi-million claim by a former c - suite executive against Noble Group for unpaid dividends, bonuses, stock options and shares.
Non-Compete: The Employee shall not, either during his or her
employment or for a period
of twelve (12) months following the
termination of his or her
employment for any reason including resignation, without the prior written consent
of the Company, carry
on, or be engaged in, or be concerned with, or interested in, or employed by, any person engaged in or concerned with or interested in a business which is the same as, or substantially similar to, or in competition with, the Company's business at the time
of any such
termination within a radius
of seventy - five (75) kilometres from any Company or Affiliated Corporation office where the Employee was employed during the last twelve (12) months
of his or her
employment.
With over ten years
of litigation experience, Daniela Pavuk has in recent years focused her practice
on employment - related matters, including wage and hour disputes, discrimination charges, and wrongful termination matters in administrative proceedings (the Human Rights Bureau, Equal Employment Opportunity Commission, and Unemployment Insurance Division) and in courts on the state and federal level in Montana and Nor
employment - related matters, including wage and hour disputes, discrimination charges, and wrongful
termination matters in administrative proceedings (the Human Rights Bureau, Equal
Employment Opportunity Commission, and Unemployment Insurance Division) and in courts on the state and federal level in Montana and Nor
Employment Opportunity Commission, and Unemployment Insurance Division) and in courts
on the state and federal level in Montana and North Dakota.
Advising a leading online retailer
on TUPE implications
of the early
termination of an outsourcing arrangement including drafting and negotiating the
employment aspects
of the
termination agreement and new supply agreement with the replacement supplier.
Amy advises
on both contentious and non-contentious matters including recruitment and
termination of staff, day - to - day HR advice, reorganisations and individual and collective redundancies, changing terms and conditions, post-
termination restrictions,
employment issues
on corporate transactions and outsourcing and
employment litigation.
We provide counsel
on a variety
of employee relations matters, including
employment contracts, state and federal compliance, employee
terminations and employee claims
of every kind.
Wife argued
on appeal that the trial court erred when it found Husband's voluntary
termination of employment justified a reduction
of the spousal maintenance obligation in accordance with A.R.S. Section 25 - 327 (A).