Sentences with phrase «required statutory notice»

The statute is very specific as to what notice must be provided to the non-relocating parent and the possible consequences if the relocating parent moves with the child or children without getting the required statutory notice and the express written approval of the other parent or a court order allowing said relocation.

It is important to consider the definition and consequences of breach, and under our law, certain types of contract require statutory notice periods for rectification of breach before one may avail themselves to the ordinary remedies attendant to breach.

Not exact matches

More specifically, in reasoning that was the obverse to what might be otherwise expected, the appellate court summarily concluded: «Students who refuse to answer any questions on the ELA have not «exhibited a substantial deficiency in reading,» which is the statutory trigger for the required notice of the availability of alternative assessments and student portfolios.»

Improvement notices require a positive action to be taken, they must specify a date by when such action must be taken and must state the statutory provision which is allegedly being breached and / or will be breached in the inspector's belief.

Absent a serious fault (in Quebec) or just cause for dismissal, minimum statutory written notice or pay in lieu of notice, is required for every terminated employee with more than three consecutive months (in British Columbia and Quebec), or three months (in Ontario and Alberta) of service on a scale increasing with service up to at least eight weeks of notice.

Addressing an issue of first impression in Delaware, the appeal focused on the use of Federal Express to serve a Notice of Intent in the face of unambiguous statutory language requiring the use of certified mail.

We have the ability to evaluate your lien to determine whether it adequately describes the property, provides required notices and meets all of the statutory requirements.

The consultation's proposals include introducing a statutory notice procedure requiring landowners to tell developers within a specified time if they are going to seek an injunction to block building work and changing the law so that rights to light can no longer be acquired by prescription.

The information commissioner — who is the statutory regulator — could serve an enforcement notice on HMRC, requiring it to take steps to prevent any recurrence.

All pay in lieu of notice will be subject to all required tax withholdings and statutory deductions.

According to court records, the issue in this case was not the merits of the plaintiff's case but instead whether she filed within the statutory 180 - day filing period according to 14 M.R.S. § 8107, which details the notice that is required when a plaintiff plans to file a lawsuit against a governmental entity.

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

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.

Sections 60 and 61 of the ESA requires that an employer must maintain a dismissed employee's terms and conditions of employment throughout the employees» statutory notice period (which is a maximum of 8 weeks).

Nevertheless, the employer was ordered to pay the employee his statutory notice and severance pay pursuant to the ESA because his misconduct did not rise to the level «of wilful misconduct, disobedience or wilful neglect of duty that is not trivial» required by the ESA to terminate his employment for cause.

For amounts in excess of statutory minimums, if the employer agrees to pay the employee reasonable notice and continue benefit contributions for an equivalent period of time, then the employee has no losses or damages, and therefore may be required to accept salary continuance.

She was paid approximately $ 45,690, representing eight weeks statutory pay in lieu of notice and the minimum severance pay required under the Employment Standards Act.

Therefore individuals with the statutory minimum of 5.6 weeks» holiday entitlement are entitled to notice which is at least twice the period they are required to take, i.e. 2 weeks» notice for a 1 week holiday.

So for instance, where the State Proceedings Act, 1998, Act 555 requires that the Attorney General must be given 30 days» notice before any action is commenced against the Republic of Ghana [3], a Judge does not have any discretion in such a breach of this statutory provision.

The employer argued the total amount of notice and pay in lieu of notice that he had provided exceeded the statutory notice and severance requirements and he was not required to pay any additional amount.

The «Gazette» provides the province's official government record of proposed regulations, proclamations and other statutory notices, as well as private sector notices that are required by statute to be published in the Gazette officielle du Québec.

Having done so, his lordship concluded that there was nothing in the statutory scheme which required one to find contrary to the normal position with non-compliant notices.

Speaking generally, if a mandatory contractual or statutory provision required a party to give a notice in a particular form in order to achieve a result identified in the contract or statute and if a purported notice given by that party failed to comply with the mandatory contractual or statutory provision, then the normal position was that the notice had no legal effect.

[38] Recommendation: The data holder should have to notify the relevant privacy commissioner or privacy review officer of any breach involving unauthorized disclosure of or access to personal information.27 The commissioner or officer should have the power to require the data holder to notify individuals if the statutory test for notice is met.

After you've done this, most states require that you wait a statutory period of time, during which your spouse can respond to the notice and file an answer to your divorce petition with the court.

Owner - builders who sold their home within 10 years of completion were required to provide prospective purchasers with an Owner - Builder Declaration and Disclosure Notice identifying that the builder was not licensed and was not providing a policy of home warranty insurance; however a 10 - year statutory warranty would apply, giving the purchaser some rights against the owner - builder should defects occur during the 10 - year period.