Sentences with phrase «termination clauses at»

I do nor know if the feedback payback continues if the thing stops altogether then resumes automatically on the start of power after repair, and I also do not know the form of contract termination clauses at end of agreed life.

In that case the termination clause at issue did not reference benefits or severance pay and was upheld with very brief reasons by the Court of Appeal.

For example, in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, the Ontario Court of Appeal concluded that the termination clause at issue was unenforceable due to its failure to provide for the continuation of the benefits plan.

Not exact matches

In the German sports magazine Sport Bild Rummenigge is quoted as saying: «It's known that the player is at Borussia Dortmund and has a termination clause of, according to rumors, 25 million euros.»

22.5 In addition, without limiting clause 22.1 it is a condition of Membership that, unless Qantas is otherwise notified by a Relevant Member, the Relevant Member consents to Qantas disclosing the Relevant Member's personal information and Emirates operated flight details to Emirates in the United Arab Emirates and the United Kingdom on or after the Emirates Termination Date for the purpose of Emirates offering the Relevant Member membership in the Skywards frequent flyer program (or the equivalent program as at the Emirates Termination Date).

The Court also specifically noted that uncertainty in employment law ought to be resolved in favour of the employee and that, at best, the wording of the termination clause was ambiguous.

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.

[12] At the heart of the present case is the interpretation of the termination clause in Ms. Bergeron's Employment Agreement.

[37] The Mayor appears to be advocating that, at least, the termination clause's onerous provisions would be a means of discouraging a future council from exercising its right to terminate Mr. Bunn because of the large cost to the municipality.

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.

The decision is a clear pronouncement that termination clauses that contravene the ESA will be unenforceable regardless of whether the employee receives at least their minimum ESA entitlements upon termination.

Does the contract stipulate the period of notice or compensation in lieu of notice that must be provided at the time of termination and, if so, does the termination clause meet the minimum requirements prescribed under Ontario's Employment Standards Act?

Joint Ventures: examples of some of the cases in which we have recently acted include: a dispute between joint venturers about undistributed profits in a JV vehicle upon the operation of a Change of Control clause; a claim on a business sale guarantee arising from the termination of a joint venture; and Tethyan Copper Company Pty v Government of Balochistan (ICC Case No. 18347 / VRO / AGF), a dispute under a joint venture contract in relation to the refusal of a mining licence over copper and gold deposits at Reko Diq, Pakistan.

The problem is so widespread that employment lawyers who represent employees have become experts at quickly spotting flawed termination clauses.

Experienced employment lawyers are very good at spotting termination clauses that will not be enforced by a court.

If a termination clause could breach the Employment Standards Act, 2000 (the «ESA») at some point in the future, the clause is void and unenforceable even if the dismissed employee receives all necessary entitlements under the ESA at the time of termination.

The Court left the issue of whether the termination clause complied with the ESA to be decided at trial.

At best, the lower court decisions, like Stevens, which have found that express reference to benefits are required in a termination clause, are difficult to reconcile with the higher court decisions that have not.

However, the Court of Appeal disagreed, on the basis that if a termination clause could breach the ESA at some point in the employment relationship, the clause is void and unenforceable even if the employee has in fact received all of her entitlements given when termination of her employment happened.

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

At issue before the ONCA in Oudin was a termination clause that allowed the employer to dismiss the employee without cause by giving him 15 days» notice or the minimum notice required by the Employment Standards Act (ESA).

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.

Justice Price found that a termination clause that provided 1 - month notice of dismissal did not breach the ESA because at the time of termination the employee's entitlement to notice pursuant to the ESA was less than 1 month.

Justice Glithero found that the termination clause breached the ESA writing «[b] oth Machtinger at para. 26 and s. 5 (1) of the ESA make any provisions that attempt to contract out of minimum employment standards, by providing for lesser benefits than those legislated as minimums, «null and void»».

A termination clause will be enforced by a court as long as it provides at least the minimum notice and severance provisions required by the Ontario Employment Standards Act 2000.

Therefore, if an employer is intent on inserting a termination clause into an employee's employment contract it must do so at a time when it will be supported by consideration such as a promotion, bonus or significant pay raise.

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd. 2 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's minimum notice and severance entitlements as set out in the ESA.

This is established by having the future employee sign an employment contract that contains a termination clause that either sets out a different notice period or provides a formula for calculating the employee's notice period at the time of dismissal.

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd5 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's entitlement pursuant to the ESA.

Satnam Chayra, Howes Percival Partner and litigation expert, presented a session on termination of contracts, looking at do's and don'ts of termination clauses and how to achieve a clean break.

The employee had argued unsuccessfully at a summary judgment motion that the language of the termination clause was an attempt to contract out of the ESA because it did not specifically provide the employee with «severance» as required by the ESA.

If the individual decides to accept an offer of employment that contains an enforceable termination clause the individual should at least understand what he or she is signing up for.

Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the contract provides explicitly for automatic termination at the expiry of the remedy period, or that they take a positive step at the end of the period to inform the breaching party that the contract has been terminated — failing which they may still be obligated under it.

Christopher Statham of Devry Smith Frank LLP talks about employment contracts at the HR / Employment Seminar, more specifically he discusses termination clauses, consideration and restrictive covenants.

Take the following clause from an employment contract: If and whenever required to do so (whether during or after the termination of this Contract), you shall at the expense of the Company (or...

Check the section of the clause for the time limit, which can extend past the expiration of the contract, and usually starts at the termination of the employee.

Doorey, who calls the case «a head - scratcher,» points out that in Wright v. Young & Rubicam the court ruled a notice of termination clause in an employment contract that could conceivably leave an employee with less notice than the ESA requires at some point in the future is void and the longer period of reasonable notice is then required.

Because the respondent disclosed his criminal record to the appellant right at the beginning, before signing the ICA and before commencing the project with Canadian Tire, and complied with all the requirements of the security check, the appellant's reliance on the criminal record to terminate the contract one month later was not a good faith exercise of its rights under the termination clause of the ICA.

If a bank has been leasing a branch, an investor that is eyeing that property should look at the lease's termination clause to see whether the bank is obligated to return the branch to «shell» condition, Gordon says.

At the very least, those companies would be forced to monitor renewal dates and termination clauses to a far greater degree than before.