Sentences with phrase «termination entitlements»

For employers, this means that they could end the employment contract without violating the Human Rights Code [the «Code»] and only be obligated to provide the minimum termination entitlements under the Employment Standards Act, 2000.

However, employers need to carefully consider whether and how fixed - term contracts may be renewed pursuant to the contract so that termination clauses always provide the minimum termination entitlements under the ESA, regardless of when the contract may be terminated during the life of the contract, including during any renewal of the term as permitted by the contract.

The negligence claim is that the Defendants breached a duty of care to ensure that if IQT, Ltd. ceased operations, it could pay termination entitlements to the employees.

Improving compensation, job access and termination entitlements for temporary help agency workers;

She had a written agreement that attempted to provide an exhaustive list of termination entitlements, stating that the Corporation could terminate her employment without cause at any time by providing the statutory minimum notice or pay in lieu of notice and severance pay.

These contracts may be invalid or void ab initio (unenforceable from the beginning) for many reasons, including if they provide for less termination entitlements than the minimums established by Employment Standards Act.

The case, which ended up before Ontario's Court of Appeal, demonstrates the fact that employers act at their peril if they try and skirt termination entitlements by making changes to an employee's working arrangements in order to force an employee to quit.

The language of the contractual termination clause violated the statute because it set out an exhaustive summary of what the plaintiff was to receive upon termination — «drawing the circle» around the employee's termination entitlements — but failing to provide for benefits continuation during the statutory notice period.

However, because the employer had failed to clearly establish a ceiling that would limit Holm's termination entitlements, he was free to pursue his common law right to reasonable notice.

The breach of fiduciary duty claim, which relies on New York State law, alleges that the Mortmans stripped IQT, Ltd. of assets and prevented IQT, Ltd. from paying employees their termination entitlements.

The termination entitlement was meant to include her ESA rights to notice of termination, pay in lieu and severance pay.

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.

Employers who desire to require former employees to mitigate their damages and thereby potentially reduce the amount to which employees are entitled upon dismissal must ensure that the employment agreement expressly states that the termination entitlement is subject to the duty to mitigate.