Sentences with phrase «reasonable notice because»

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 Divisional Court reversed the lower court's decision, holding that Mr. Nagribianko was not entitled to reasonable notice because he was dismissed during his probationary period after receiving a reasonable opportunity to demonstrate his suitability for the position.

Not exact matches

If the author is already peddling denialism based on limited facts used out of context, and this new paper is published likely just to be used as the latest red herring distraction in the global warming argument by examining «Svalbard and Greenland temperature records» in a too limited time span without relevant context, which, just in case some may not have noticed does not represent the region known as planet Earth, uses too short a time span in relation to mechanism outside of the examined region because it is in fact a regional analysis; one is left with a reasonable conclusion that the paper is designed to be precisely what I suspect it is designed for, to be a red herring distraction in the argument between science and science denialism regarding global warming.

Groia is seeking to have Wardle recused from that panel because as Canadian Lawyer reports, ««There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.....

Because we conclude that the Netscape webpage did not provide reasonable notice of the existence of SmartDownload's license terms, it is irrelevant to our decision whether plaintiff Fagan obtained SmartDownload from that webpage, as defendants contend, or from a shareware website that provided less or no notice of that program's license terms, as Fagan maintains.

Unfortunately, motorcycle accidents happen all too frequently because drivers fail to notice motorcycles and do not take reasonable care for the safety of motorcyclists.

Because statutory minimums do not usually satisfy the definition of reasonable notice, the amount of notice could form the basis for a wrongful dismissal claim.

Because statutory minimums provide only the legal minimums, determining what constitutes «reasonable» notice is crucial for avoiding the possibility of litigation by employees who may be entitled to far more notice under common law.

Justice Chiasson, writing for the Court, held that even if the employee repudiated the contract by leaving the employer when he received the termination letter, he did not thereby forfeit his right to sue for damages because his right to sue for damages had already accrued when his employer terminated his employment without providing reasonable notice.

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.

It is critical that employees and employers understand the distinction because they often mistakenly believe that a dismissed employee is only entitled to the notice and severance set out in ESA when the employee is actually entitled to a much larger termination package because the employee is entitled to reasonable notice of dismissal.

The duty to mitigate is imposed upon the dismissed employee because the purpose of a reasonable notice award is to compensate the employee for the loss of income he or she experienced as a result of the dismissal.

Wrongful dismissal cases often involve disputes as to whether the employee's entitlement to notice of dismissal is limited to that set out in the termination clause or if the former employee is entitled to significantly greater entitlements because the termination clause has breached the ESA and therefore the employee is entitled to reasonable notice of dismissal.

Drysdale is also instructive of how incredible high a hurdle employers now face if they hope to successfully argue that a dismissed employee's notice period should be reduced because the employee failed to take reasonable steps to look for new employment to mitigate his or her damages.

Many employers are unaware that because a dismissed employee is entitled to be made whole during the reasonable notice period the employer risks becoming the dismissed employee's de facto insurance provider if the employer unilaterally cancels the dismissed employee's insurance benefits without the employee's consent during the employee's reasonable notice period.

The defendant also submitted that the notice period should be reduced because of the plaintiff's failure to take reasonable steps to mitigate her damages.

Contempt of court is the only civil proceeding that could result in jail and because of the potential impact on an individual's liberty, the formalities must be strictly complied with ̶ clear, precise and unambiguous notice of the specific contempt offence for which he or she is being charged must be given, and the elements required for a conviction proved beyond a reasonable doubt.

At trial Miller asserted that because his employment was terminated without cause, he was entitled to common - law reasonable notice rather than the statutory minimum paid by ABM Canada.

The dissenting Justice Pelletier of the Quebec Appeal Court is right: granting employers the right to waive notice of resignation leads to inequitable situations where employees risk losing their salary for the duration of the notice period merely because they wished to fulfil their duty to give reasonable notice of resignation to their employer.

The takeaway for employees from this case is that simply because you have not been employed for a long period of time does not mean that you are not entitled to a reasonable amount of notice of your dismissal.

To be properly judicially noticed, the fact must not be subject to reasonable dispute, because it is generally known or can be determined by resort to sources whose accuracy can not be reasonably questioned.

Although not referenced in the decision because it was unnecessary, it was argued that the termination provision contained within the employment agreement could not be used to establish the reasonable notice period for the reasons set out in the cases of Wright v.

«A judicially noticed fact must be one not subject to reasonable dispute» because it concerns a matter «[g] enerally known» or a matter «[c] apable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned» [a] nything which can be «looked up» in an authoritative source is a candidate for this type of judicial notice.

This is so because (1) such findings do not constitute facts «not subject to reasonable dispute» within the meaning of Rule 201; 13 and (2) «were [it] permissible for a court to take judicial notice of a fact merely because it had been found to be true in some other action, the doctrine of collateral estoppel would be superfluous.»