Sentences with phrase «paid during the notice period»

IBM filed an appeal, claiming that the judge should have deducted the amount of pension benefits paid during the notice period from the damages award, which the Court of Appeal dismissed.

IBM's second argument in the appeal was to rely on the decision in Sylvester v. British Columbia, in which it was held that wrongful dismissal damages should be reduced by the amount of disability benefits paid during the notice period.

The plaintiff had agreed to benefit from periods of increased pay and accepted the risk of periods of without pay, and could not expect to avoid his part of the bargain by receiving only the higher pay during the notice period.

The company refused to accept the resignations, held them to their notice requirements and suspended them without pay during those notice periods.

In dismissing the grievance, the Arbitrator held that an entitlement to statutory termination pay during the notice period is premised on the employee performing actual work, unless the contract of employment says otherwise.

Usually, an employer may choose to terminate an employee by providing «reasonable notice» of termination or payment in lieu equivalent to earning that would have been paid during the notice period.

Not exact matches

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(2) you must provide valid Payment Method information to use the Streaming Service during the Trial Period (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod before you must begin paying for the Streaming Service, and if you exceed this limit, your Distributor may charge your Payment Method for any period after the first Trial Period, or suspend your use of the Streaming Service, in its sole discretion; (2) you must provide valid Payment Method information to use the Streaming Service during the Trial Period (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL Pperiod after the first Trial Period, or suspend your use of the Streaming Service, in its sole discretion; (2) you must provide valid Payment Method information to use the Streaming Service during the Trial Period (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL Pperiod after the first Trial Period, or suspend your use of the Streaming Service, in its sole discretion; (2) you must provide valid Payment Method information to use the Streaming Service during the Trial Period (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod, or suspend your use of the Streaming Service, in its sole discretion; (2) you must provide valid Payment Method information to use the Streaming Service during the Trial Period (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod, or suspend your use of the Streaming Service, in its sole discretion; (2) you must provide valid Payment Method information to use the Streaming Service during the Trial Period (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod (although you will not be charged in connection with the Trial Period); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod); (3) if you do not cancel the Streaming Service by the end of your Trial Period, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod, you authorize your Distributor to automatically charge your Payment Method for the subscription period that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL Pperiod that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL Pperiod that follows immediately after the end of your Trial Period; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPeriod; (4) YOUR DISTRIBUTOR MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PPERIOD HAS ENDED OR THAT YOUR OBLIGATION TO PAY FOR YOUR SUBSCRIPTION HAS BEGUN; and (5) IF YOU WISH TO AVOID CHARGES TO YOUR PAYMENT METHOD, YOU MUST CANCEL THE SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL PERIODPERIODPERIOD.

Also, realize that at any time during this waiting period, your tenant can rectify the problem, such as paying the rent owed, which will make the notice go away.

The employer shall provide the employee or applicant, in a private discussion, the opportunity to dispute the relevance of the information upon which the employer based the adverse employment action, and shall consider any such dispute before making a final decision; (3) if the employee or applicant provides oral or written notice to the employer during the 14 day period set forth in subparagraph (2) that he or she has disputed the accuracy of the consumer report with a consumer reporting agency, the employer shall not take an adverse employment action until the resolution of the dispute under section 58 of this chapter or Section 1681i (a) of chapter 15 of the United States Code, and shall consider the results of any such resolution; (4) ensure that none of the costs associated with obtaining a consumer report are paid by or passed on to the employee or applicant.

2 (2) In the event we wish to terminate your employment without just cause, we agree that we will give you notice of the termination of your employment, or at our absolute discretion, we will pay you, in lieu of such notice, a severance payment equal to the wages only that you would have received during the applicable notice period.

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.

The trial judge awarded damages for wrongful dismissal of 15 months» pay in lieu of notice, net of Workplace Safety and Insurance Board [«WSIB»] benefits the appellant received during that period, and $ 10,000 in damages for breach of the Code.

The court disagreed as the employee continued to be paid even though his services were not active, and he was still required to be available, should his services be needed, during the notice period.

In the contract at hand, the pension contribution and car allowance benefits were not included in the amounts to be paid during the period of notice.

Where a termination clause calls for pay in lieu of notice, but does not provide for the payment of benefits during the notice period, the entire clause is void as contrary to the Employment Standards Act, 2000.

The plaintiff had secured alternative employment during his eight - week notice period but at a much lower rate of pay.

Notice and severance payments paid by the employer in accordance with the employer's obligations under the Ontario Employment Standards Act, 20001 («ESA») are not subject to the duty to mitigate and, therefore, will not be reduced if the dismissed employee finds new employment during his or her statutory notice pNotice and severance payments paid by the employer in accordance with the employer's obligations under the Ontario Employment Standards Act, 20001 («ESA») are not subject to the duty to mitigate and, therefore, will not be reduced if the dismissed employee finds new employment during his or her statutory notice pnotice period.

She argued that the termination clause excludes FDI's statutory obligation to make benefits contributions during the notice period and it does not satisfy FDI's statutory obligation to pay severance pay.

In other words, if a dismissed employee is entitled to 10 months reasonable notice and 18 weeks» notice and severance pursuant to the ESA, the court will award the dismissed employee damages representing 10 months» notice and, presuming the ESA entitlement has been paid, will reduce the award of damages for the money already paid to the employee during the notice period.

In a final twist, the Court of Appeal took into account the approximately $ 6,000 the company had saved by not having to pay Mr. Walker during the one month notice period.

The Court further concluded that the employment income which Ms. Brake earned during her statutory notice entitlement period was not deductible as mitigation income, reasoning that statutory entitlements (termination and severance pay) are not damages and that employees are entitled to receipt of these statutory entitlements whether or not they secure new employment during the period they are intended to cover.

In doing so, Ontario's top court made it clear that an employer is obliged, not only to continue the salary paid to a dismissed employee during an appropriate notice period, but also to continue all employee benefits, including short and long - term disability benefits.

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.

Before the decision in Brake, Ontario law provided that all income earned during the notice period, irrespective of its nature, was deductible from the termination pay owed.

However, a new decision by the Ontario Superior Court of Justice confirms that employers may contract out of paying an employee who is provided pay in lieu of notice a bonus to which he or she would have become entitled during the notice period.

Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 («ESA»), rather than termination pay.

As many employers know, if one's employment is terminated without cause and the employee is provided pay in lieu of reasonable notice, the employee is nonetheless entitled to his or her entire compensation package during the reasonable notice period.

In Nemeth v Hatch, an employer terminated an employee's employment after just over 19 years and provided him with eight weeks» notice of termination, 19.42 weeks» salary as severance pay, and continued benefits (including pension) during the eight - week notice period.

It concluded that «a term that requires active employment when the bonus is paid, without more, is not sufficient to deprive an employee terminated without reasonable notice of a claim for compensation for the bonus he or she would have received during the notice period, as part of his or her wrongful dismissal damages.»

The contract must state that the employee can be fired for any reason, without pay or notice, during the probationary period.

TeraGo Networks successfully argued that Mr. Paquette was not entitled to a bonus that would have been paid during the reasonable notice period because the terms of the bonus plan required that Mr. Paquette be «actively employed» on the date the bonus was to be paid.

The employer may find itself legally responsible for paying the employee short - term or long - term disability benefits or the employee's estate life insurance benefits if the employer discontinues these benefits during the notice period.

For example, the Ontario Court of Appeal in Paquette v. TeraGo Networks Inc. 6 found that a term in a bonus policy that required the employee to be actively employed when the bonus is paid, without more, is not sufficient to deprive an employee of a claim for compensation for the bonus he or she would have received during the notice period.

Although Deeley had provided Wood with the benefits she was entitled to during the notice period as well as a lump sum payment to arguably account for the lack of severance pay, this did not change the fact that the termination clause was deficient and unenforceable.

The termination clause was found to be unlawful and therefore void because the words «any amounts paid» could be read as failing to provide for the continuation of the plaintiff's benefits during the plaintiff's statutory (ESA) notice period.

If the termination clause contravened the ESA because it excluded Deeley's statutory obligation to make benefit contributions during the notice period, and did not satisfy Deeley's statutory obligation to pay severance pay; and

The Court found that a term in a bonus policy that requires active employment when the bonus is paid, without more, is not sufficient to deprive an employee terminated without reasonable notice of a claim for compensation for the bonus he or she would have received during the notice period, as part of his or her wrongful dismissal damages.

If the variable compensation plan is ambiguous about payment after the employee has been dismissed then the employee will be entitled to the variable compensation if it would have been paid during the reasonable notice period.4

The remedy is damages paid by the employer in the amount equal to the compensation that would have been earned by the employee during the reasonable notice period that is owed.

That is, the appellant took issue with the trial judge's finding that under the Employment Agreement the appellant was not entitled to compensation for the loss of the LTIP benefits he would have earned during a period of reasonable notice because the appellant was only entitled to severance pay, not the salary and other benefits which would have flowed to him during a period of reasonable notice.

The trial judge set the appropriate period of notice at 20 month and declined to deduct the pension benefits paid to Waterman during the notice period in calculating his damages.

As the grievors did not work during the notice period, the employer was not obligated to pay the grievors» wages over this period.

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

Justice Collier explained that «[t] he law in Québec concerning the payment of bonuses is similar to that in other Canadian provinces... [a] n employee is entitled to receive a bonus owed during a notice period when the employee has a reasonable expectation, based on past practice, that it will be paid.»

The «narrow Norton Tool principle» was that it is good IR practice to pay in lieu of notice in full, not requiring the employee to give credit for any alternative earnings during the notice period.

Upon notice to Us of entering the armed forces, We will return to You pro-rata any premium paid, less any benefits paid, for any period during which You are in such service;