Sentences with phrase «payment in lieu of notice»

An employee may be dismissed either on reasonable notice or by payment in lieu of notice.

A dismissal is wrongful if an employee has been terminated without adequate notice or fair payment in lieu of that notice.

Many condominium management contracts provide that the contract can be terminated by either party upon a specified number of days» notice, or payment in lieu of notice where the contract is being terminated by the condominium corporation.

For example, in Adjemian v. Brook Crompton North America, [ii] a 2008 summary judgment decision of Justice Perell, the Court ordered damages for payment in lieu of notice for a period which concluded after the trial date.

Wages earned, or wages which should have been earned, in the notice period are to be deducted from the amount owed by the employer in the form of payment in lieu of notice.

A summary dismissal is when an employer dismisses an employee without notice or without payment in lieu of notice usually for an act of gross misconduct.

An employee who was unfairly constructively dismissed is entitled to receive payment in lieu of notice at the normal rate of pay, without any deduction in respect of earnings received from alternative sources during the course of the notice period.

Severance pay is distinct from payment in lieu of notice.

As mentioned in the immediately preceding paragraph, the purchaser is not entitled to set - off the value of the notice or payment in lieu of notice provided by the vendor to its employees.

This notice may be provided as working notice, by salary continuance in life of notice, or as a lump sum payment in lieu of notice.

Payment in lieu of notice involves a cost to the employer for which there is no corresponding production or benefit.

A recent decision of the Superior Court of Justice in Ontario has granted payment in lieu of notice to a consultant who was found to be a dependent contractor.

Brake involved a terminated restaurant manager who sued her employer for damages on account of not having received adequate payment in lieu of notice.

The manager claimed that the condominium corporation did not have cause to terminate the contract and sued the condominium corporation for $ 8,303.24, being two months payment in lieu of notice.

The majority stressed that the right to terminate on reasonable notice is an implied term — and not the breach — of an employment agreement, and therefore payment in lieu of notice is not damages for breach of contract, but is part of the compensation contemplated by the contract.

We have written here about your entitlements to a notice period or payment in lieu of a notice period when terminated without cause.

From 06 April this year, the way that termination payments (and in particular payments in lieu of notice) are treated for tax purposes will change.

A summary dismissal is when an employer dismisses an employee without notice or without payment in lieu of notice.

Termination with cause is a harsher measure, often referred to as the «capital punishment of employment law» and means employees aren't entitled to any notice or payment in lieu of notice.

Those sacked on 9 February had payment in lieu of notice (PILON) which workers did not agree to because it closes off the opportunity to seek redeployment at the Commission or elsewhere in the civil service.

A genuine redundancy, which consists of a payment in lieu of notice and a possible incentive payment, has a special tax treatment which means some or all of your payment will be paid to you tax free.

If you're asked to leave work before your notice period ends but keep getting paid - known as «payment in lieu of notice» - you'll only pay tax if your employment contract says so (or it is normal practice in your company).

It may also include a payment in lieu of notice and a «golden handshake» or other incentive payment.

[79] Mr. Wyllie's entitlement under the Canada Labour Code is to payment in lieu of notice and to severance pay.

Practically, what that means is that even if the vendor gives notice or a payment in lieu of notice to its staff, the purchaser must still provide the terminated employee with his or her full notice entitlements for the whole of the employee's length service, including time spent with the vendor.

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.

One of the key changes is that there will no longer be a debate about the extent to which a payment in lieu of notice can legitimately avoid any tax or national insurance.

From 6 April, any payment in lieu of notice will always be subject to tax and national insurance deductions.

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.

The Court found that a strict interpretation of the contractual termination provision would permit the employer to provide only «notice or payment in lieu of notice» and not benefits.

(c) You agree to accept the notice or payment in lieu of notice and / or severance pay referenced in paragraph 13 (b) herein, in satisfaction of all claims and demands against the [Sifton] which may arise out of statute or common law with respect to the termination of your employment with the [Sifton].

(b)[Sifton] may terminate your employment without cause at any time by providing you with notice or payment in lieu of notice, and / or severance pay, in accordance with the Employment Standards Act of Ontario.

Commonly these days, employers reserve the right to make a payment in lieu of notice (PILON) under an employee's contract of employment.

In that case, the court determined that one should use a comprehensive look to find out a terminated employee's notice period or payment in lieu of notice.

Accordingly, the Court determined that Mr. Bishop had been wrongfully dismissed and was entitled to damages, which included 20 months» payment in lieu of notice.

In short, a finding that the employee has been constructively dismissed entitles the employee, at a minimum, to payment in lieu of notice.

However, if your employment is terminated for no reason, your termination is said to be «wrongful», and as such, you are entitled to what is known as a reasonable notice period or payment in lieu of notice.

In addition, employers who have avoided putting PILON clauses in their contracts so that they have the flexibility of making tax free termination payments should be warned that there is now no tax advantage to not having a clause, and in fact, by making a payment in lieu of notice where there is no entitlement in the contract has the effect of rendering any restrictive covenants void.

Payments in lieu of notice (PILON) have always been a «grey area» when negotiating settlement packages.

If you discharge an employee who has access to critical company data, let them go without warning (you may have to give them a payment in lieu of notice), and don't allow them any access to a computer after termination.

Where there is just cause, termination, no notice, or payment in lieu of notice is required.

He thought that the Trust should have capped its payment by assessing the maximum compensatory award and adding the payment in lieu of notice.