Sentences with phrase «termination without»

Our sample word doc Termination Letter Templates helps you in keeping the tone of the letter neutral, providing you with multiple phrases to rationally delineate the reasons behind the termination without launching a full frontal diatribe against the employee.

Age at termination, damages, employment law, long - term employee, mitigation, notice period, reasonable notice, reasonable termination notice, statutory obligations, statutory requirements, Statutory severance, supervisor, termination, termination notice, termination without cause, wrongful dismissal, years of service

The decision is important to those employers who provide working notice of termination without requiring the employee to attend at work.

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.

To avoid any doubt, even where the contract specifically provides for automatic termination on the expiration of the remedy period, it may be advisable for the innocent party to inform the breaching party of termination without prejudice to its position that the contract has terminated automatically.

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.

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.

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.

The lawyers are skilled in coaching employees in steps to take to trigger a termination without cause.

The distributor claimed loss of profit from the date of termination without notice until the date of final judgment and also claimed for moral and other damages.

ANSWER Termination Without Cause Terminating you because... Read More

How a court calculates a dismissed employee's entitlement to a severance package is discussed in detail in the chapter titled Termination without Cause.

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 10 months.

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

They also rejected the trial judge's consideration of termination without cause as an exercise of contractual discretion.

Why the word «termination» refers to a lawful termination while the phrase «ceases to be an employee» can be interpreted as referring to an unlawful termination without addition express language is difficult to reconcile.

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.

This is «Termination Without Cause ``.

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.

The Investment Agreement clearly applies to termination without cause of the appellant whether through the provision of reasonable notice or with payment in an attempt for not providing reasonable notice.

If you suspect that your firing violated your rights, you should make learning about wrongful dismissal and termination without cause a priority.

The other termination right is termination for convenience or termination without cause.

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.

The contract included a termination clause, which limited Ms. Wood's entitlements upon termination without cause to two (2) weeks» of pay per full or part year of service.

Thus, where an agreement provides for a stipulated sum upon termination without cause and is silent as to the obligation to mitigate, the employee will not be required to mitigate.

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.

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.

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.

The above is not an exhaustive list of reasons for termination without notice.

At trial, the plaintiff sought pay in lieu of common law «reasonable notice» and argued that his written contract was unenforceable for two reasons: the contract allowed for termination without notice in case of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice under the ESA.

B.C. Employment Standards Tribunal Confirms After - Acquired Cause May Justify Termination Without Notice or Pay in Lieu Under the Employment Standards Act

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.»

Two of the provisions confirmed that Holm was not entitled to any additional compensation, damages, pay in lieu of notice or further notice of termination upon termination without cause, other than what was provided by s. 2 (2).

You may be protected from termination without fair cause based on specified reasons in your employment contract.

Combined, the employer relied on the notion of «revelation of character» to justify the termination without notice.

All preferred pricing and benefits are subject to change or termination without notice.

Content and features are subject to change or termination without notice in the editorial discretion of VetLIVE.com, LLC.

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.

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

In some cases the supplier could offer financial recompense or alternatively, ensure there is a clause in the contract enabling termination without any legal repercussions.

The «termination without cause» took less than a minute, as Beutner was then escorted back to his office by T - Pub SVP for Human Resources Cindy Ballard — the same drill employed as protocol as so many newspaper jobs have been cut over the last decade.

In the case of termination without cause, the employee is generally entitled to notice or some sort of severance package.

In Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29 («Atomic Energy»), the SCC confirmed that the unjust dismissal provisions of the Canada Labour Code (the «CLC») protect most non-unionized employees in the federal sector from terminations without cause and without reasons.

A summary judgment motion for wrongful dismissal actions under the simplified rules is appropriate for very straight forward terminations without cause where the evidence is not in dispute.

Two provinces (Quebec and Nova Scotia) and the federal government have statutory «unjust dismissal» provisions under which terminations without cause can not take place.

You can not inspect the terminations without disturbing the devices.

Not exact matches

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Many employees who engage in this sort of behaviour using company mobile devices or laptops realize when it's too late that evidence can be extracted from those devices without their consent, then used as evidence to justify their termination.

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