Sentences with phrase «termination notice periods»

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

Once you have the date, diarise to give yourself plenty of time to look around as the termination notice period can be from 30 days to a year.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

Employers will be prohibited from forcing employees to use entitlements such as vacation or overtime during a termination notice period, unless agreed to by both parties.

Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 («ESA»), rather than termination pay.

Employers will be able to pay out an employee tendering their resignation by providing the employee with wages the employee would have earned if the employee had worked until the earlier end of the termination notice period the employee provided or the end of the termination notice period that the employer would have been required to give the employee.

Currently, where an employee provides more notice than required and an employer wants to pay out the employee, the employer must provide pay in lieu to the end of the termination notice period that the employer would have been required to give the employee.

Employers would be prohibited from forcing employees to use entitlements such as vacation or overtime during a termination notice period, unless agreed to by both parties.

Not exact matches

The letter asks each employee to acknowledge that they have received the «Separation Letter», which outlines the terms and conditions surrounding the termination of their employment with Target Canada and provides information on benefit coverage and the payment of regular wages throughout the notice period.

You may also terminate your Premium Membership at any time, for any reason, effective from the first payment period after our receipt of your written notice of termination, provided you are not in an initial signup period, in which case you will be charged for the entire amount of the initial signup period.

Trial Period is subject to change at any time and / or is subject to early termination without notice.

The 10 bill payments must be successfully completed and payment posted to your account within the promotional period to qualify Offer subject to change or termination without prior notice at the Bank's discretion.

4.3 Once notice of termination has been given, Members may not redeem Points for any flights scheduled to depart after the notice period expires.

Upon termination of the Programme at the end of such notice period, all Flying Club rights of all Members against VAA will cease and, in particular, Miles shall cease to be exchangeable for Rewards or otherwise redeemable.

Koch Media may terminate any Koch Media games, websites and / or services at any time by giving you notice of such termination within the time period specified when you joined the particular Koch Media service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Koch Media game, websites and / or service.

2 (2) In the event we wish to terminate your employment without just cause, we agree that we will give you notice of the termination of your employment, or at our absolute discretion, we will pay you, in lieu of such notice, a severance payment equal to the wages only that you would have received during the applicable notice period.

Any government party can terminate the agreement, but the notice period for termination by the federal government is much longer (18 months) than that by a province (6 months).

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.

In Apacheta Corp. v. Lincare, Inc., Apacheta sued for breach of contract in claiming that Lincare's termination violated the right - to - cure provision because Lincare neither provided notice of breach nor a cure period.

The defendant did not disagree that two weeks notice of termination was insufficient, but the parties were unable to agree on what the reasonable notice period should have been.

Where there is no written employment contract restricting rights at termination or the employment contract is void because it is in breach of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.

Suppliers are failing to make auto - rollover clauses clear up front (24 %), tying businesses into lengthy notice periods (22 %), charging high early termination fees (20 %) and concealing details in small print (20 %).

Remember that even if an employee does not suffer mental distress, a trial judge might extend the period of reasonable notice if an employer advances grounds for termination that reduce the availability of alternate equivalent employment — a step taken by the trial judge which was undisturbed by the Court of Appeal.

The judge was apparently influenced by the fact that the plaintiff remained unemployed for 30 months following termination, a fact which is generally considered as irrelevant to the fixing of the notice period.

The main factor driving that relatively lengthy notice period was the «public» reasons RBC gave for Mr. Lau's termination, which made it more difficult for Mr. Lau to find replacement employment.

After an employee announced his intention to resign his job 11 months later, his employer decided to terminate his employment before the announced termination date, deciding that the notice of resignation period was too long.

Some of the changes being proposed with respect to the Employment Standards Code include: the introduction of new unpaid, job - protected leaves, decreased eligibility thresholds for existing unpaid, job - protected leaves, increasing the rate at which overtime may be banked, changes to the eligibility and calculation of overtime in the context of compressed work weeks, the introduction of additional employee rest periods, changes to the eligibility and calculation of general holiday pay, amendments to youth employment, the introduction of additional notice requirements in the context of group termination notices, and new enforcement tools to deal with non-compliant employers, including introduction of an administrative penalty system.

While the Court concluded that signing a written employment agreement the day after the employee commenced work did not render the agreement unenforceable, it found that the termination clause contained in the employment agreement improperly excluded the employee's minimum statutory entitlement to benefits continuation during the notice period.

The Ontario Court of Appeal held that an employer's conduct upon termination or during the notice period can not remedy an otherwise illegal and unenforceable termination clause.

For both parties, pre-determining the period of notice avoids the need for litigation to assess notice upon termination.

Applying the ruling of the Supreme Court of Canada in the case of Asphalte Desjardins inc., the Tribunal administratif du travail recalled that an employer that shortens the period of work announced in the notice of termination given by an employee is in fact breaking the contract of employment unilaterally.

Where a termination clause calls for pay in lieu of notice, but does not provide for the payment of benefits during the notice period, the entire clause is void as contrary to the Employment Standards Act, 2000.

The plaintiff rejected the notice offered on termination and brought an action for wrongful dismissal, seeking a greater notice period as well as the payment of benefits during that period.

Termination pay is payment in lieu, meaning an employer can and often does insist that an employee work for the notice period.

In McLeod v. 1274458 Ontario Inc., the Superior Court of Justice determined that an employee who was incapable of working when he received notice of termination was entitled to damages representing the salary he would have earned had he worked during the notice period.

A first communication interrupting the limitation period was sent by the Agent on October 18, 2011 (one day before the expiration of the first year after the termination notice) claiming for the clientele and damages compensations.

For the Court of Appeal, the termination clause's wording excluded and contracted out of the obligation to continue making benefits contributions during the notice period.

She argued that the termination clause excludes FDI's statutory obligation to make benefits contributions during the notice period and it does not satisfy FDI's statutory obligation to pay severance pay.

The Court further concluded that the employment income which Ms. Brake earned during her statutory notice entitlement period was not deductible as mitigation income, reasoning that statutory entitlements (termination and severance pay) are not damages and that employees are entitled to receipt of these statutory entitlements whether or not they secure new employment during the period they are intended to cover.

While the Court acknowledge that an employer's poor financial circumstances might be the reason for termination, it is not relevant to the determination of reasonable notice in a particular case: «they justify neither a reduction in the notice period in bad times nor an increase when times are good.»

The Court first established that the reasonable notice period must be segmented into the statutory notice period on the one hand, which starts to run from the date of termination, and the balance of the reasonable notice period on the other.

Wood argued that the clause excluded Deeley's statutory obligation to contribute to her benefit plans during the notice period and did not clearly require Deeley to pay severance pay upon termination.

For its part, Ainsworth, the employer, argued that he had been given 15 months» working notice of termination and, if he found new employment during that time, he would be taken to have resigned and Ainsworth's only remaining financial obligation would be to «top up» his income for the remainder of the notice period if it was lower than his income at Ainsworth.

First, the Court found the termination clause excluded Deeley's obligation to contribute to Wood's benefit plan during the ESA notice period.

[102] Therefore the proper question to ask with regard to measuring damages in cases of without cause dismissal is not What did the plaintiff lose for the notice period as a result of the termination?

For example, does the employment or severance agreement provide for notice of termination, is there a cure period, and other formalities which need to be followed?

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

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?

(The length of notice must be 1) the notice required under any law relating to termination of employees, 2) the period required for a standard landlord / tenant termination, or 3) a week, whichever is longest.

Before the decision in Brake, Ontario law provided that all income earned during the notice period, irrespective of its nature, was deductible from the termination pay owed.