Sentences with phrase «termination provision»

It does not include all terms, conditions, limitations, exclusions and termination provisions of the travel insurance plans described.

Employers should therefore consult their human resources law advisors to determine if their contractual termination provisions are in need of revision.

A court is unlikely to enforce the new termination provision because the revised employment contract will lack the necessary consideration to form a legally binding contract.

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.

Not all contracts will include termination provisions and / or permit termination in the event of breaches other than the prescribed defaults.

There was no mention of any of the prior case law that had been consistently followed by lower courts in recent years that required termination provisions to mention benefits in order to be enforceable.

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

It does not include all terms, conditions, limitations, exclusions and termination provisions of the policies described.

In practice, many employers do not expressly bring the new termination provision to the attention of their employees, let alone explain its implications prior to having their employees execute new employment contracts.

The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any...

Historically, in making such assessments, adjudicators have considered common law principles relating to the dismissal, e.g. whether the employment contract with termination provisions was entered into under duress or was the product of free will and whether the severance compensation the employer offered was «requisite [and]... enhanced to facilitate a quick resolution».

Licensing Termination Provisions for Under - performing License Agreements After securing a patent on an invention and you are making money, another company may want to use the patented technology in their product or service.

Successfully represented the liquidators of Lehman Brothers Finance in two separate billion - dollar claims in the English Court of Appeal and the Supreme Court relating to unsegregated client monies and early termination provisions of the 2002 ISDA Master Agreement.

Employment Contracts: Termination Provisions Unenforceable Unless They Provide For Statutory Benefits Continuation

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.

Employers should also consider the Ontario Court of Appeal's decision in Howard v. Benson Group Inc. (see our previous blog post here) when drafting termination provisions in fixed term employment agreements.

For example, in Kieran v. Ingram Micro Inc., 2004 CanLII 4852 (ONCA) another panel of the Ontario Court of Appeal reviewed the following termination provision in a stock option plan:

Importantly, it also confirms that employers may dismiss probationary employees without providing reasonable notice under the common law, even if there is no separate termination provision set out in the contract

While the decision appears to bolster the position of an employer that relies on an under - inclusive termination clause, the most prudent thing an employer can do is continue referencing all ESA entitlements when drafting employment agreement termination provisions.

From an employer's perspective, a properly worded termination provision addressing what is to be paid to the employee in the event of a termination without cause can result in a very significant saving.

The Trust Agreement has an indefinite term, subject to certain termination provisions discussed in «Description of the Trust Agreement.»

The Secretary shall require a contract to include an appropriate termination provision in the event that a no - build alternative is selected.

As such, they have generally held employers to an exacting standard in seeking to rely upon termination provisions.

It confirms for employees that the courts will look to protect them, and that employers will be held to a high standard in seeking to rebut their presumed common law obligations with a written termination provision.

Just as the Employment Standards Act, 2000 prescribes a minimum wage below which an employer may not deviate, the Employment Standards Act, 2000 termination provisions governing notice and severance set out only the minimums below which an employer can not deviate.

We will have to see whether, and how, the courts will continue to find creative ways to distinguish termination provisions, and hopefully will not leave the rest of us scratching our heads and squinting to see the distinction.»

The common understanding was that in order to protect employees, courts would consider termination provisions that failed to reference the full scope of the employee's entitlements (including the continuation of benefits) to be unenforceable and instead grant common law notice of dismissal.

There had been a real willingness on the part of lower courts to rule that under - inclusive termination provisions were unenforceable, and that employees subject to them were actually entitled to common law notice of termination (which, again, is often far in excess of what the ESA provides for).

The Court reviewed the jurisprudence on the enforceability of ESA - only termination provisions and noted the employee received more compensation than she would have under the ESA.

The Court added to the basic implied term of advance notice a second term, namely, that this advance written notice be delivered in a manner which is consistent with the mass termination provisions of the Employment Standards Act.

Therefore, the entire termination provision was unenforceable and Mr. Roberts was not entitled to receive the contractual severance payment.

I've often been asked whether you can contract out of this right by having members waive it in advance or in restricting it in your bylaws, or whether an automatic termination provision can be used to expel a member who brings such legal proceedings.

In deciding that the impugned termination provision could not stand, Justice Kane noted the following:

The exception to this general statement would be employees, such as senior executives, who have the power to negotiate termination provisions that provide superior entitlements to that offered by the common law presumption that the employee is entitled to reasonable notice of dismissal.

The good news for employers is that the approach taken by the Ontario Court signals a continued shift away from the technical interpretation of termination provisions used in previous cases (see: Dodich v. Leisure Care Canada, 2006 BCSC 93, 47 C.C.E.L. (3d) 206 (B.C. S.C.).

As this blog has explained before in a number of posts, see No Termination Agreement without Benefits and Poorly Drafted Employment Agreement Proves Costly, unless the contractual termination provision meets the court's expectations, it will be struck down in favour of the legal presumption that employment can only be terminated on the provision of «reasonable notice.»

Under the Bill, for employees who are dismissed under the group termination provision and are not given the required notice nor permitted to work during the notice period, the CNESST would be authorized to pursue the employer for the equivalent of what the employees would have earned had the notice requirements been respected.

When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees.

Labour Pains Scissors Beat Paper; Statutes Beat Scissors: Severability Clauses Can't Fix Illegal Termination Provisions

A recent decision from the Ontario Court of Appeal, Roberts v. Zoomermedia Limited, dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice.

Both Howard and Alsip are warning to employers who utilize fixed - term agreements that clear and unambiguous early termination provisions are necessary to avoid costly pay - outs to employees.

Continue Reading Employment Contracts: Termination Provisions Unenforceable Unless They Provide For Statutory Benefits Continuation

That conclusion essentially upended the understanding shared by many employment lawyers and human resources professionals of the requirements of enforceable termination provisions, as it had long been commonly assumed that the parties» intentions were irrelevant.