Sentences with phrase «payment in lieu of that 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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

(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.

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

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.

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.

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.

Not exact matches

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 perioIn 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 perioin lieu of such notice, a severance payment equal to the wages only that you would have received during the applicable notice period.

For example, if an employment contract provides for less than the statutory minimum entitlements that result from terminating employment, then the employer will become liable for payment in lieu of reasonable termination notice at common law — often far exceeding the statutory minimums.

Assuming the unfair dismissal claim is successful, the employment tribunal will assess your total loss, and therefore, he or she will have to give credit for any amount already received from their employer as compensation (these may include enhanced redundancy payments or pay in lieu of notice.)

claim is successful, the employment tribunal will assess your total loss, and therefore, he or she will have to give credit for any amount already received from their employer as compensation (these may include enhanced redundancy payments or pay in lieu of notice.)

The recent Alberta Court of Appeal decision Styles v Alberta Investment Management Corporation has highlighted the inherent right of an employer to terminate employment without cause on reasonable notice or payment in lieu thereof.

Unless exempted from the application of that law, employees dismissed by their employers are entitled to a certain, minimum amount of notice of their dismissal or a payment in lieu of such notice.

The Court held that where an employment agreement stipulates a fixed term of notice or payment in lieu there is no obligation on the employee to mitigate his or her damages, unless the contract clearly and specifically indicates otherwise.

(2) Payment in lieu of a fixed term of notice, being liquidated damages or a contractual amount, is not subject to the duty to mitigate; and

(1) A fixed term of notice or payment in lieu is not equivalent to common law damages for reasonable notice (the parties negotiated something different);

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.

[34] An employment agreement that stipulates a fixed term of notice or payment in lieu should be treated as fixing liquidated damages or a contractual amount.

Specifically, I do not believe that either party thought of the plaintiff's employment could be terminated after approximately three years of service upon payment of two weeks» salary in lieu of notice plus severance pay in the approximate amount of $ 5,000....

Reasonable notice, and payment in lieu, is more of an art than a precise determination.

On the other hand, SNC - Lavalin claimed that 34 weeks of compensation was within the «reasonable range» of payment in lieu of reasonable notice of termination of employment.

«the payments and notice provided for in this paragraph are inclusive of your entitlement to notice, pay in lieu of notice and severance pay pursuant to the [ESA]» (See para. 38).

AIMCo's action made it impossible for the Plaintiff Styles to meet the LTIP eligibility condition that «participants [in the LTIP] must be actively employed by AIMCo, without regard to whether the Participant is receiving, or will receive, any compensatory payments or salary in lieu of notice or termination on the date of payout, in order to be eligible to receive any payment.»

Payment in lieu of reasonable notice is what we commonly refer to as severance.

In lieu of reasonable notice, the plaintiff was offered a lump sum payment totalling the equivalent of four weeks» base salary, which amounted to $ 14,230.97.

... [A] ny termination of a participant's employment for any reason shall occur on the date Participant ceases to perform services for Micro or any Affiliate without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination [emphasis added]

The contract of employment is, by its very terms, subject to cancellation on notice or subject to payment of damages in lieu of notice without regard to the ordinary psychological impact of that decision.

without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination

[A] ny termination of a participant's employment for any reason shall occur on the date Participant ceases to perform services for Micro or any Affiliate without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination