Sentences with phrase «termination at common law»

The result is that the appellant was entitled to reasonable notice of termination at common law.

An employee will be entitled to reasonable notice of termination at common law in these circumstances.

However, Mr. Budge commenced an action, seeking reasonable notice of termination at common law.

An employee will be entitled to reasonable notice of termination at common law in these circumstances equivalent to nine months.

It found that a fixed term in an employment agreement rebuts the presumption of reasonable notice of termination at common law by providing a clear end date of employment.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

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.

At the same time, Rose says there is plenty that we don't know, such as whether or not it is safer for employers to use fewer words in a termination clause and avoid all - inclusive language, and whether, for public policy reasons, future court decisions will put an onus on employers to make clear to employees the differences between ESA entitlements and the common law before they sign ESA - only contracts.

When an employee's employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.

At trial, the plaintiff sought pay in lieu of common law «reasonable notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without notice in case of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice under the ESAt trial, the plaintiff sought pay in lieu of common law «reasonable notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without notice in case of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice under the ESat the time entitled him to much more than 15 days» notice under the ESA.

On appeal, the Court of Appeal ruled that the termination clause was unenforceable and thus, the employee was entitled to reasonable notice at common law.

In Markoulakis v SNC - Lavalin Inc., the Ontario Superior Court of Justice concluded after considering the Bardal factors that long - serving employee Eftihios (Ed) Markoulakis was entitled to 27 months of common law reasonable notice following his termination from a senior role at SNC - Lavalin.

The dismissed employee may have the right to a significantly larger termination package if the employee is entitled to reasonable notice of dismissal at common law or some other greater contractual entitlement.

Importantly, the difference between common law reasonable notice and the termination pay in an employment agreement, which is often limited to the statutory minimums, can be substantial with one court stating that reasonable notice begins at three months.

As such, although dismissed probationary employees are typically not entitled to reasonable notice at common law, they are entitled to their termination entitlements pursuant to the ESA.

There is a presumption at common law that an employee is entitled to reasonable notice on termination.

At common law, since a contract of personal services can not be assigned to a new employer without the consent of the parties, the sale of a business, if it results in the change of the legal identity of the employer, constitutes a constructive termination of the employment.

[51] The common law entitlement to reasonable notice of termination has been described by the Supreme Court as a «necessary consideration» of an employment relationship: Machtinger, at p. 1024.

State that at the end of the fixed term, the employee will not, at that time, be entitled to statutory or common law notice of termination of employment.