[62] Similarly, s 664 of the Workplace Relations Act 1996 (Cth)[63] provides that in claims alleging
termination of employment for a proscribed reason (including sex, marital status, pregnancy, family responsibilities and absences from work during maternity leave or other parental leave [64]-RRB-, the onus is on the respondent to establish that the termination was not for a proscribed reason.
Key Highlights: • Proficiently handled documentation and
termination of employment for effective liability mitigation and culture development to improve brand recognition.
In fact, the first Canadian court decision that addressed the issue of
termination of employment for cause due to comments made on social media was made by the British Columbia Supreme Court in the 2014 case Kim v International Triathlon Union («Kim»).
In some industries and for specific jobs, honesty is of paramount importance and an employee's dishonest conduct can result in summary
termination of employment for just cause.
«The vesting of each executive's awards will accelerate upon
termination of his employment for any reason (including a resignation for good reason) other than cause, death or disability (as such terms are defined in such executive's employment agreement) if such termination takes place upon or within two years following a change in control (as defined in such executive's employment agreement) that occurs during the term of his employment agreement and such executive signs a general waiver and release that has become effective.»
Ms. Katz's agreement also contains obligations on her part regarding non-competition and non-solicitation of employees following
the termination of her employment for any reason, confidential information and non-disparagement of us and our business.
One of the cases presented to me at this moot was Kathryn Leah Smithen v. Law Society of Upper Canada, dealing with an applicant who «disclosed a criminal history of 38 or 39 convictions for fraud - related offences between 1979 and 1993, several outstanding civil judgments, two judgments entered against her in actions involving fraud, two
terminations of employment for cause, and two declarations of bankruptcy.»
Not exact matches
In order to support the continuity
of senior leadership, we have
employment agreements with Ms. Katz and Messrs. Skinner and Gold which provide, among other things,
for payments to the executive following a
termination of employment by the executive
for «good reason» or a
termination of the executive's
employment by us without «cause.»
We generally do not enter into severance arrangements with our named executive officers, and none
of the equity awards granted to the named executive officers under Apple's equity incentive plans provide
for acceleration in connection with a change in control or a
termination of employment, other than as noted below or in connection with death or disability.
The triggering events constituting «good reason» and «cause» were negotiated to provide protection to us
for unwarranted
termination of employment that could cause harm to us as well as to provide protection to the executive.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided
for employment services rendered on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments
for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and (v) benefits and perquisites provided in accordance with the terms
of any benefit plan, program or arrangement sponsored by HP or its affiliates that are consistent with Company Practices.
Ontario's
Employment Standards Act provides a lengthy code for what employers can and can not do in the context of an employment relationship, including rules relating to the termination of
Employment Standards Act provides a lengthy code
for what employers can and can not do in the context
of an
employment relationship, including rules relating to the termination of
employment relationship, including rules relating to the
termination of employees.
Notwithstanding any provision in the Plan to the contrary, an Associate's Continuous Status is not terminated
for purposes
of the Associate's Stock Appreciation Rights if immediately upon the
termination of the Associate's
employment relationship with Walmart or an Affiliate the Associate becomes a Non-Management Director.
The agreements with Mr. Drexler and Ms. Lyons also provide
for accelerated vesting
of certain equity awards in connection with certain
terminations of employment.
In addition, Mr. Drexler has agreed that,
for the one (1) year period following his
termination of employment, he will not compete with us in the retail apparel business in any geographic area in which we are engaged in such business.
Under these agreements, each NEO has agreed that
for a two - year period following his or her
termination of employment, he or she will not participate in a business that competes with us and will not solicit our Associates
for employment.
This appointment follows the
termination of Dov Charney, former President and Chief Executive Officer,
for cause in accordance with the terms
of his
employment agreement.
Koskie Minsky's legal mandate is to represent all Employees» interests in connection with all issues affecting them in the CCAA Proceedings, including the
termination of employment and claims
for termination pay and related entitlements.
The process
of termination of employment is the same as
for any permanent resident or Canadian citizen already residing in Canada.
The following benefits are not subject to the HP Severance Policy, either because they have been previously earned or accrued by the employee or because they are consistent with Company Practices: (i) compensation and benefits earned, accrued, deferred or otherwise provided
for employment services rendered on or prior to the date
of termination of employment pursuant to bonus, retirement, deferred compensation or other benefit plans, e.g., 401 (k) plan distributions, payments pursuant to retirement plans, distributions under deferred compensation plans or payments
for accrued benefits such as unused vacation days, and any amounts earned with respect to such compensation and benefits in accordance with the terms
of the applicable plan; (ii) payments
of prorated portions
of bonuses or prorated long - term incentive payments that are consistent with Company Practices; (iii) acceleration
of the vesting
of stock options, stock appreciation rights, restricted stock, restricted stock units or long - term cash incentives that is consistent with Company Practices; (iv) payments or benefits required to be provided by law; and
Pursuant to their respective
employment agreements, Messrs. Garutti and Uttz will be subject to certain non-competition and non-solicitation restrictions
for a twelve - month period after
termination of employment.
«The board requested
of me and authorized me to initiate the process
of termination for cause as defined in Coach Pitino's
employment contact.»
I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC
of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely upon the application and financial statement and the representations made herein as a true and accurate statement
of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration
of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course
of its business operations, Baby Safe Homes provides its customers products and services which, by nature
of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason
of his / her interest in Baby Safe Homes and in the course
of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs
of such customers to which Applicant has access in the course
of his / her duties as an Applicant.nNow, therefore, in consideration
of the premises contained herein, the parties agree as follows Applicant shall not, either during the time
of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use
for his / her own benefit or the benefit
of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue
of his / her
employment with Baby Safe Homes, in any manner whatsoever, any such information
of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business
of any
of its customers or prospective customers, except as required in the course
of his / her
employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period
of evaluation with Baby Safe Homes, and
for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following
termination of employment, call upon or solicit, or attempt to call upon or solicit, any
of the customers or patrons Baby Safe Homes including, but not limited to, those upon whom he / she was directly involved, or called upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process
of a Baby Safe Homes franchise business.
Tax Code
Termination Act - Terminates the Internal Revenue Code
of 1986 after December 31, 2015, except
for self -
employment taxes, Federal Insurance Contributions Act (FICA) taxes, and railroad retirement taxes.
-- Whenever the Secretary determines, with respect to any certification
of eligibility
of the workers
of an
employment site, that total or partial separations from such site are no longer a result
of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice
of such
termination published in the Federal Register and on the website
of the Department
of Labor, together with the Secretary's reasons
for making such determination.
Consistent with the severity
of the violation, discipline can include verbal or written warning, suspension with or without pay, loss or reduction
of bonus or stock options, demotion or,
for the most serious offenses or repeated misconduct,
employment termination.
A district school board may establish policies to provide
for a lump - sum payment
for accrued vacation leave to an employee
of the district school board upon
termination of employment or upon retirement, or to the employee's beneficiary if service is terminated by death.
Any district school board employee who is willfully absent from duty without leave shall forfeit compensation
for the time
of such absence, and his or her
employment shall be subject to
termination by the district school board.
The determination
of the district school board shall be final as to the sufficiency or insufficiency
of the grounds
for termination of employment; or
We will not discriminate in
employment, recruitment, advertisements
for employment, compensation,
termination, promotions and other conditions
of employment against any employee or job applicant on the basis
of race, color, gender, national origin, age, religion, creed, disability, veterans status, sexual orientation, gender identity or gender expression.
Having worked both sides
of the union issue in public
employment, I can tell you that no union contract fails to include
termination or discipline
for cause.
While nonprobationary teachers should have due process
for any
termination, it is important to differentiate between loss
of employment for and issues with far - reaching consequences that could permanently impact a teacher's right to practice.
Lenders can use a variety
of documents
for this purpose, including: Verification
of Employment (VOE) documents,
termination notices, business closure notices, tax returns, and W - 2 forms.
• Loss
of income,
employment or both that totaled at least 20 percent
of previous earnings
for at least six months — including copies
of applicable
termination notices or changes in
employment status
Meet one or more
of the eligibility requirements
for a hardship withdrawal which include: disability, debt
for medical expenses that exceed 7.5 percent
of your adjusted gross income, alimony and child support obligations or separation from
employment through
termination, retirement or quitting.
No employer,
employment agency, licensing agency or agent shall use information in a consumer credit report
of a job applicant or employee in connection with or as a criterion
for employment decisions related to hiring,
termination, promotion, demotion, discipline, compensation, or the terms, conditions or privileges
of employment.
You understand that false information may be grounds
for not hiring you or
for immediate
termination of employment at any point in the future if you are hired.
The Cancellation Waiver Program will waive your cancellation penalty
for job
termination provided: 1) your job loss is the result
of your involuntary
termination of employment or layoff; 2) was not under your control; and 3) you must have been continuously employed with the same employer
for 1 year prior to the
termination or layoff.
«Nevertheless, prior to the
termination of their
employment with Activision, West and Zampella unreasonably and / or in bad faith refused to provide this consent in an effort to gain an unfair advantage in negotiations with Activision and in an improper attempt to gain an advantage
for themselves in connection with their plan to leave Activision and establish their own company,» the suit states.
If CONSULTANT's
employment with EMPLOYER terminates
for any reason, the CONSULTANT shall not,
for a period
of one year from the date
of termination, have any business dealings whatsoever, either directly or indirectly or through corporate entities or associates with any customer or client
of EMPLOYER or its subsidiaries or any person or firm which has contacted or been contacted by EMPLOYER as a potential customer or client
of EMPLOYER;
He has over 32 years
of experience as a litigation attorney in the State
of Connecticut, with an established practice
for over 27 years in the City
of Hartford, handling matters involving personal injury, automobile accidents, medical malpractice, wrongful death, workers» compensation,
employment discrimination, wrongful
termination, civil rights violations, social security disability, criminal law, contract disputes, divorce and family law.
Employing the historical approach, an employee who had worked
for the vendor
for twenty years and then
for the purchaser
for only eleven months would only be entitled to one week
of notice
of termination pay, pursuant to the provisions
of the Ontario
Employment Standards Act, 2000.
More recently, the courts have changed their position on this point; while a sale is still considered to result in
termination of employment, the law presumes that an employee
of the vendor who is hired by the purchaser is entitled to have his or her time spent in
employment with the vendor taken into account
for reasonable notice purposes, absent express agreement to the contrary.
It will cover
termination of employment, procedures, protection
for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned...
For lawyers new to the field
of employment law, the ability to identify and evaluate the many potential claims and defenses in a wrongful
termination case is an essential skillset.
Employment Standards staff administer and enforce the Employment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
Employment Standards staff administer and enforce the
Employment Standards Code, which establishes minimum standards of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
Employment Standards Code, which establishes minimum standards
of employment for employers and employees in the workplace.This site contains information on the minimum standards of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
employment for employers and employees in the workplace.This site contains information on the minimum standards
of employment for employers and employees, including payment of earnings, minimum wage, hours of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and termination of e
employment for employers and employees, including payment
of earnings, minimum wage, hours
of work and rest periods, overtime and overtime pay, vacations and vacation pay, general holidays and holiday pay, maternity and parental leave and
termination of employmentemployment.
For example, if an employment contract provides for less than the statutory minimum entitlements that result from terminating employment, then the employer will become liable for payment in lieu of reasonable termination notice at common law — often far exceeding the statutory minimu
For example, if an
employment contract provides
for less than the statutory minimum entitlements that result from terminating employment, then the employer will become liable for payment in lieu of reasonable termination notice at common law — often far exceeding the statutory minimu
for less than the statutory minimum entitlements that result from terminating
employment, then the employer will become liable
for payment in lieu of reasonable termination notice at common law — often far exceeding the statutory minimu
for payment in lieu
of reasonable
termination notice at common law — often far exceeding the statutory minimums.
In Howard the Ontario Court
of Appeal awarded an employee whose
employment was terminated 23 months into a five - year term damages reflecting the balance
of the term on the basis that the contractual clause providing
for early
termination was unenforceable due to ambiguity.
A contract is a contract and, as expressed by Chief Justice Winkler on behalf
of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an
employment agreement specifying a fixed amount
of damages intend
for mitigation to apply upon
termination without cause, they must express that intention in clear and specific language in the contract.»
The Federal Court
of Appeal acknowledged that
for a very long time there had been two divergent and conflicting lines
of case law regarding the question
of whether Part III
of the Canada Code permits
terminations of employment without cause.