Sentences with phrase «termination clause stated»

The termination clause stated:

The termination clause stated that if the employer's client to which the employee was contracted terminated its contract with the employer, the employee would receive no notice.

Not exact matches

And Mark finishes his «Play» with the termination clause in the Kindle Terms of Service that states:

The Court held that a termination clause does not need to explicitly state that an employee's entitlement to common law reasonable notice is displaced — it is sufficient that the language clearly indicates an intention to displace the common law.

The court rejected this argument, stating that «where a termination clause contracts out of one employment standard, the court is to find the entire termination clause to be void, in accordance with s. 5 (1) of the ESA.

The Court also stated that the termination clause improperly combined statutory notice of termination with statutory severance pay, resulting in an ambiguous provision.

As a result of section 5 (1), ESA, the Court of Appeal stated that where the termination clause contains «even one» violation of the ESA, the entire termination clause would be considered void and thus, unenforceable.

The termination clause went on to state that the contract could otherwise be terminated early with two weeks» written notice.

The Court further stated that an employer's conduct upon termination, or during the notice period, can not remedy an otherwise illegal and unenforceable termination clause.

In 2016 the Ontario Court of Appeal considered a termination clause in Oudin v. Centre Francophone de Toronto.8 that stated the employer could terminate the appellant's employment with the ESA minimum «notice» but made no mention of «severance».

A termination clause the provides for a fixed notice period can easily be made compliant with the ESA simply by stating that the employee will receive «the greater of the fixed notice period or the minimum notice and severance provided by the ESA», or words to that effect.

However, as stated above, fresh consideration is not sufficient to support the insertion of a binding termination clause into an employment contract.

In the 2016 decision Garreton v Complete Innovations Inc. 18 Pattillo J. stated that he disagreed with Price J.'s decision in Keegan and held that a termination clause that potentially violates the ESA in the future is void.

The Court of Appeal disagreed stating that, because it was arguable whether the arbitration clause survived termination of the Services Agreement, it was preferable to leave the issue of jurisdiction to the arbitrator pursuant to the «competence - competence» principle.

The majority stated that «the wording of Clause 1 of the Lease as amended ties the termination process to the concepts expressed in Section 29 of the St. John's Street Railway Act».

their old leases are in full effect until they expire, unless there is a specific clause stating termination upon sale of property.

It is also possible to include a termination clause in the event of poor service, for example, a clause that states that the client will give the brokerage 3 - weeks» notice to terminate if they are unsatisfied with the service from their licensee.