Sentences with phrase «termination of his employment without»

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.

legal problems they don't know that they have, e.g., one unserviced legal problem often leads to several more — e.g., termination of employment without cause or compensation, means debt, loss of property, family break - up, depression, substance abuse, and sometimes suicide, etc.; and, (3) enlist the help of the social media, news media, pressure groups, and those political parties in opposition to governments; (4) everyone should complain loudly to all of the above about law societies» failure to try to solve the unaffordable legal services problem — their failure to attack it is the cause.

Often, an employer may seek to limit its liability on termination of employment by requiring the employee to sign a contract which purports to limit the sum which is payable on termination of employment without just cause.

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.»

If we terminate Mr. Drexler's employment without cause or he terminates his employment with good reason, Mr. Drexler will be entitled to receive (i) a payment of his earned but unpaid annual base salary through the termination date, any accrued vacation pay and any un-reimbursed expenses, and (ii) subject to Mr. Drexler's execution of a valid general release and waiver of claims against us, as well as his compliance with the non-competition, non-solicitation and confidential information restrictions described below, (a) a payment equal to his annual base salary and target cash incentive award, one - half of such payment to be paid on the first business day that is six (6) months and one (1) day following the termination date and the remaining one - half of such payment to be paid in six equal monthly installments commencing on the first business day of the seventh calendar month following the termination date, (b) a payment equal to the product of (x) the last annual cash incentive award Mr. Drexler received prior to the termination date and (y) a fraction, the numerator of which is the number of days of service completed by Mr. Drexler in the year of termination and the denominator of which is 365, such amount to be paid on the first business day that is six (6) months and one (1) day following the termination date, and (c) the immediate vesting of such portion of unvested restricted shares and stock options as provided and pursuant to the terms of the relevant grant agreements under our 2003 Equity Incentive Plan.

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.

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.

I understand that there is no express or implied contract of employment and that if employed I have been hired at the will of the employer and that my employment may be terminated at will, at any time: and with or without cause the employer's only obligation being to pay salary or wages due and owing at the time of termination.

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.

Even though the Federal Court of Appeal concluded that a without cause termination of employment is not automatically «unjust», the Court left no doubt that not every such dismissal is just.

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.»

When an employee's employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.

Non-Compete: The Employee shall not, either during his or her employment or for a period of twelve (12) months following the termination of his or her employment for any reason including resignation, without the prior written consent of the Company, carry on, or be engaged in, or be concerned with, or interested in, or employed by, any person engaged in or concerned with or interested in a business which is the same as, or substantially similar to, or in competition with, the Company's business at the time of any such termination within a radius of seventy - five (75) kilometres from any Company or Affiliated Corporation office where the Employee was employed during the last twelve (12) months of his or her employment.

The Employment Standards Code provides that an employee can not receive less than the prescribed amount of severance in the event of without - cause termination.

Where a termination provision in a fixed - term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages.

In summary, the Court of Appeal held that where an employment agreement contains a stipulated entitlement on termination without cause, the amount in question is either liquidated damages or a contractual sum.

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 offendinemployment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offendinEmployment Standards Act, 2000 — without offending the ESA.

He has turned an arbitration over his termination during the probationary period of his employment in 1999 into a legal battle that apparently continues today, including allegations of bias against members of the BC Labour Relations Board (which were noted as being without merit), a Statement of Claim against the BC Attorney General (and others) which was dismissed as an abuse of process, and the attempted swearing of two informations against a vice chair of the BC LRB (which the court found there was no evidence to support).

If you are an employer and are faced with serious misconduct by an employee, it is important to be mindful of how the misconduct affects the employment relationship when considering termination without notice or severance pay.

Given that both wrongful dismissal and constructive dismissal are characterized by employer - imposed termination of the employment contract (without cause), there is no principled reason to distinguish between them when evaluating the need to mitigate.

By agreeing to an employee's entitlements in the event of termination without cause at the beginning of the employment relationship, there will be little to fight about in the event that the relationship does end in a termination without cause.

Also, claiming after the fact that there was just cause after a without cause termination has already occurred is a dangerous move; employees suffer greatly when they are accused of things at the end of the employment relationship, as it can prevent them from finding new employment.

Do the performance deficiencies amount to «just cause» for dismissal enabling termination of the superintendent's employment without notice or compensation?

The Court of Appeal held that when the employer terminated a fixed term employment contract, without cause, and there was no enforceable provision for early termination without cause, the employee was entitled to the compensation that he would have received to the end of the employment contract.

... [A] ny termination of a participant's employment for any reason shall occur on the date Participant ceases to perform services for Micro or any Affiliate without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination [emphasis added]

For example, if the employment contract does not contain a termination clause the court will find that there is an implied term in the employment contract that the contract may only be terminated by the employer without cause by providing the employee with reasonable notice of notice of dismissal.1 Express and implied terms in a contract are equivalent in effect.2

If the option holder's employment with the corporation and / or a subsidiary, as the case may be, is terminated for any reason other than set forth in paragraphs 6, 7 or 8 above, whether such termination be voluntary or involuntary, without his having fully exercised his option, the option shall be cancelled and he shall have no further rights to exercise his option or any part thereof and all of his rights hereunder shall terminate as of the effective date of such termination.

That means including an employment «pre-nuptial agreement» or «pre-nup» — a contractual limitation on an employee's post-employment entitlements in the event of termination without cause — in your employment agreements.

[A] ny termination of a participant's employment for any reason shall occur on the date Participant ceases to perform services for Micro or any Affiliate without regard to whether Participant continues thereafter to receive any compensatory payments there from or is paid salary thereby in lieu of notice of termination

All too often, employees sign these employment contracts without understanding the significance or meaning of the termination clause.

She argued that the termination clause in the offer letter was invalid and unenforceable on the basis that it permitted the employer to terminate her employment without continuing her benefits for the duration of the notice period.

Termination of employment in Ontario can occur in two different ways: (i) termination without cause; or (ii) terminationTermination of employment in Ontario can occur in two different ways: (i) termination without cause; or (ii) terminationtermination without cause; or (ii) terminationtermination for cause.

Typically, an employee who is dismissed without cause does not receive advanced warning of the termination of employment.

Many employers offer employment without this type of harsh termination provisions.

Rather, Justice Kane noted, the cases of Wright v. Young and Rubicam Group of Companies (Wunderman), 2011 ONSC 4720 and Stevens v. Sifton Properties, 2012 ONSC 5508, both of which have previously been considered by this blog on exactly this point, see: Poorly Drafted Employment Agreement Proves Costly and No Termination Agreement Without Benefits, were directly on point.

[The Company] is entitled to terminate your employment at any time without cause by providing you with 2 weeks» notice of termination or pay in lieu thereof for each completed or partial year of employment with the Company.

The employment agreement also provided that on termination without cause, the plaintiff would be entitled to the greater of notice or pay in lieu and severance pay under the Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of employment agreement also provided that on termination without cause, the plaintiff would be entitled to the greater of notice or pay in lieu and severance pay under the Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of Employment Standards Act, 2000 (ESA) or four weeks» pay per year of service with Olympus or Carsen, to a maximum of 10 months.

However, if an employer needs to rely upon one of the grounds under Section 119 of the LPA to terminate employment without paying any statutory severance pay and / or notice under Section 118 of the LPA or to protect an employer from a claim for unfair termination, it is highly recommended that a written notice be issued, which specifies clear and sufficient reasons for termination in the termination notice.

Since the initial Employment Offer did not expressly touch upon the issue of reasonable notice for termination without cause, it was an implied term of the contract that the plaintiff was entitled to the common law standard of reasonable notice.

With respect to entitlement on termination of employment, the employment contract provided as follows for a without - cause termination: Regular employees may be terminated at any time without cause upon being given the minimum period of notice prescribed by applicable legislation, or by being paid salary in lieu of such notice of as may otherwise be required by applicable legislation.

The Appellant claims she was an employee and that, under the circumstances, termination of her employment amounts to a constructive dismissal, without notice.

From the employer's perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a «without cause» termination.

Specifically, the Plaintiff argued that his employment with Carsen Group and Olympus Canada was continuous and Olympus Canada could not remove his common law entitlement to reasonable notice of termination without providing him with fresh consideration.

In a decision dated March 24, 2011, the arbitrator authorized the testimony of the three commissioner members, explaining the executive committee did not benefit from «deliberative secrecy» and it would be impossible to determine whether the termination of the employment relationship was consistent with the collective agreement [translation] «without a detailed knowledge of the deliberations».

A full contingent of five judges sitting at the Ontario Court of Appeal unanimously ruled that where an employment agreement provides for a stipulated sum upon termination without cause, and is silent as to the employee's obligation to mitigate, the employee will not be required to mitigate.

As a result, when Asphalte Desjardins terminated the employee during the notice period, it unilaterally terminated the employment contract without giving sufficient notice of termination, thereby defaulting on its obligation under article 2091 and triggering ss.

In refusing to grant summary judgment fixing the applicable notice period and dismissing the plaintiff employee's claims for moral and punitive damages in a termination without cause case, the Honourable Justice Margaret Eberhard in the case of Brownson v. Honda of Canada Mfg., 2013 ONSC 896, leave to appeal refused 2013 ONSC 6974, held that the answer may be that no, the employer can not terminate the employee's employment on a without cause basis with impunity.

The Young and Rubicam Group of Companies (Wunderman), 2011 ONSC 4720 (CanLII), summarized by this blog in the post Poorly Drafted Employment Agreement Proves Costly and Stevens v. Sifton Properties Ltd., 2012 ONSC 5508 (CanLII), summarized by this blog in the post No Termination Agreement Without Benefits.

At common law, since a contract of personal services can not be assigned to a new employer without the consent of the parties, the sale of a business, if it results in the change of the legal identity of the employer, constitutes a constructive termination of the employment.

He then challenged his termination and the adjudicator disagreed but relied in part on the fact his express terms of employment said he could be terminated without cause upon payment of notice.