Sentences with phrase «termination entitlements under»

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.

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.

Not exact matches

In assessing Nemeth's alternative argument, the Court found that the termination provision was capable of two interpretations — one that gave Nemeth 9 weeks» notice and one that gave him his minimum entitlements under the ESA.

Dependent contractors are not considered employees under the ESA, and as such are not entitled to protections afforded to employees, including for unpaid wages or termination and severance entitlements.

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.

«regular wages» means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, personal emergency leave pay, termination pay, severance pay and termination of assignment pay and entitlements under a provision of an employee's contract of employment that under subsection 5 (2) prevail over Part VIII, Part X, Part XI, section 49.7, section 50, Part XV or section 74.10.1; («salaire normal»)

Accordingly, termination clauses can be used to limit an employee's notice entitlements to the minimum entitlements set out under the ESA.

The termination package offered was more than Mr. Wilson's minimum entitlements under the Code, which would have been 18 days of notice and severance.

The probation period only applies with respect to one's entitlements to notice of termination under the Employment Standards Act.

The termination provisions should not provide for any entitlements less than those under the CLC as this could risk the provision being declared unenforceable.

Alternatively, if you are going to use ESA - only termination clauses, review them carefully to ensure that they address all aspects of an employee's entitlements under the ESA.

These stock option and bonus plans often contain termination provisions that seek to limit the employee's entitlement to compensation under the plans if he or she has been dismissed.

The Court held that the termination clause did not provide less than the minimum entitlement under the ESA on the basis that it did not expressly exclude the ESA entitlement to severance pay, and that it therefore was not void because of the failure to expressly address severance pay.

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.

If you have a written employment agreement it is possible that it contains language (often under the sub-heading of termination of employment) which sets out the full extent of your entitlements in the event that you are fired.

Often, employers try to limit their employees» termination notice periods to the minimum entitlements under the Employment Standards Act («ESA»).

In its defence, Deeley argued that the 21 weeks of combined «notice» and «pay in lieu thereof» provided to Wood following her termination exceeded her entitlements under the ESA and that the termination clause was broad enough to include both wages and benefits.

Termination clauses, however, can limit notice to minimal entitlements under employment standards law.

Employment contracts often contain clauses limiting an employee's entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to.