Sentences with phrase «than reasonable notice»

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd5 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's entitlement pursuant to the ESA.

The Supreme Court of Canada held in Machtinger v. HOJ Industries Ltd. 2 that if an employment contract contains a termination clause that provides an employee with an entitlement upon termination other than reasonable notice, that entitlement must be at least equal to the employee's minimum notice and severance entitlements as set out in the ESA.

Not exact matches

This — together with the separate policies and terms expressly referred to herein — constitutes the entire agreement between the parties and there shall be no variation unless agreed between you and us in writing or notified to you by us upon reasonable notice in writing of not less than 30 days.

I know about the report to LBJ from the Presidential Science Advisory Committee in 1965 (and its Appendix Y4) and the 1958 booklet from the NAS that talked about CO2 and water vapor being greenhouse gases, but it's never been clear to me exactly when it would be reasonable to say that the evidence was not just strong enough but also widely accepted enough by scientists that the rest of us should have taken notice and done something other than buy more cars and bigger houses.

At least the court revised the insurer's proposed terms to circumscribe the obligation in these terms: «The defence insurer shall be entitled to require the claimant to undergo medical examination at its request upon reasonable notice being given to the claimant at any time during the claimant's lifetime, such medical examinations to be limited to obtaining a medical opinion as to the claimant's general health in order to obtain a quotation for the purchase cost of an annuity to fund the periodical payments and / or (not more frequently than once every seven years) for the express purposes of reviewing its reserve.

This is different than in any of the common law provinces which would require the employer to pay out the common law «reasonable notice» or previously agreed upon contractual notice.

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 minimums.

The Court of Appeal decided that, as a general rule, unless there is a statutory requirement to the contrary, where a person wishes to serve notice relating to a particular property on its owner, their obligation to make reasonable enquiries went no further than to search the proprietorship register to ascertain the owner's address.

Compounding the risk for landlords under s. 57 is that if, within one year after the tenant vacates the rental unit, the designated person fails to occupy the rental unit within a reasonable period of time and the landlord lists the rental unit for rent; or enters into a tenancy agreement with another person; or advertises the rental unit or the building that contains the rental unit for sale; or demolishes the rental unit or the building containing the rental unit; or «takes any step to convert the rental unit or the building containing the rental unit» to a use other than residential premises; then, the landlord is «presumed, unless the contrary is proven on a balance of probabilities,» to have acted in bad faith in giving the notice and is therefore liable to the penalties provided for in s. 57 (3).

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.

In case any such action is brought against an Indemnified Party, and it notifies the Indemnifying Party of the commencement thereof, the Indemnifying Party will be entitled to participate in, and, to the extent that it may wish, jointly with any other Indemnifying Party similarly notified, to assume the defense thereof, subject to the provisions herein stated, with counsel reasonably satisfactory to the Indemnified Party, and after notice from the Indemnifying Party to the Indemnified Party of its election to so assume the defense thereof, the Indemnifying Party will not be liable to the Indemnified Party under this Section 9 for any legal or other expenses subsequently incurred by the Indemnified Party in connection with the defense thereof other than reasonable costs of investigation.

• Initially the employer offered less than 1 - year of total compensation to Ms. Ozorio as reasonable notice.

In many cases, the reasonable notice of termination under the common law is often extraordinarily higher than the statutory minimums.

Reasonable notice is always more than the minimum notice.

The determination of the common law reasonable notice period has always been considered somewhat of an art rather than based on a scientific formulaic approach.

Reasonable notice, and payment in lieu, is more of an art than a precise determination.

Despite the plaintiff's complete failure to mitigate his damages and the unreasonableness of his decision to enter into self - employment, Browne J only reduced the notice period from twenty months to fourteen months, rather than dismissing the claim entirely or reducing the notice period to a mere few months which he found to be a reasonable time period in that case to get over the shock of dismissal.

Employers relying on these assumptions may believe themselves better protected against claims for payment of reasonable notice than may in fact be the case.

Reasonable notice of termination under the common law (court decisions) is often extraordinarily higher than the statutory minimums.

Although notice that is reasonable often equates to amounts much higher than statutory minimums, it is possible for employers to limit their notice obligations by including clear, written terms in an employment contract.

Justice Perell's observation, that «it is cynical to assume that with many years of future employment both possible and needed, that he will sit on his hands and wait out the reasonable notice period rather than getting on with his career» is no more than a reiteration of the BC Court of Appeal's articulation of this fundamental principle underlying the duty to mitigate.

Paid breaks are not required by the ESA, and are likely not a fundamental term of employment in themselves, and so removing them «unilaterally and without reasonable notice or fresh consideration, is not unlawful under the ESA, nor does it amount to constructive dismissal under the common law,» Rose says, noting that under the ESA, an employer must still provide an unpaid period of at least 30 minutes at intervals so that the employee doesn't work more than five consecutive hours without an eating period.

In a recent decision, the Ontario Court of Appeal awarded a former employee restitutionary damages rather than pay in lieu of reasonable notice.

As a result, the employee will be entitled to reasonable notice of dismissal which, in most cases, will result in the employer providing a severance package that is far greater than what the employee would have be entitled if the termination clause was actually enforceable.

Furthermore, if a case involves a Hit & Run, there is an obligation to provide WRITTEN NOTICE under Section 24 of the Insurance (Vehicle) Act to the Insurance Corporation of British Columbia as soon as practicable and no later than SIX MONTHS from the date of the motor vehicle accident and a victim of a hit & run must make reasonable efforts to identify the hit & run person and vehicle.

Determining a dismissed employee's entitlement to reasonable notice of dismissal (a.k.a. a severance package) is more of an art than a science.

In contrast, the employee's right to reasonable notice of dismissal will typically entitle the employee to a significantly longer notice period than that provided for by the ESA.

If the termination clause provides the employee with less than that required by the ESA, a court will strike the clause from the contract and award the dismissed employee reasonable notice of dismissal.

He has made diligent, albeit unsuccessful, efforts to mitigate, and it is cynical to assume that with many years of future employment both possible and needed, that he will sit on his hands and wait out the reasonable notice period rather than getting on with his career.

If the termination clause provides the employee with less than his or her entitlements pursuant to the ESA, the termination clause will be unenforceable and the court will strike the termination clause from the employment contract and award the employee reasonable notice of dismissal.

Traditionally, higher level employees such as senior managers and executives have been awarded longer reasonable notice periods than lower level employees.

At trial Miller asserted that because his employment was terminated without cause, he was entitled to common - law reasonable notice rather than the statutory minimum paid by ABM Canada.

The takeaway for employees with labour pains is that there appears to be a shift towards greater judicial willingness to award more than just «reasonable notice» for wrongful dismissal.

(1) In conducting an investigation under this Act, an investigator may, (a) on reasonable notice, enter and inspect the business premises of the individual or firm under investigation, other than any part of the premises used as a dwelling, during regular business hours or at another time agreed to by the individual or firm;

and the notice referred to in paragraph (a) must be given not more than one year or less than six months before the date at which the right would have expired, and must be sent by registered post to the author, or, if he can not with reasonable diligence be found, advertised in the Canada Gazette.

Doorey, who calls the case «a head - scratcher,» points out that in Wright v. Young & Rubicam the court ruled a notice of termination clause in an employment contract that could conceivably leave an employee with less notice than the ESA requires at some point in the future is void and the longer period of reasonable notice is then required.

Acknowledge your claim, start the investigation, provide forms and instructions, and provide reasonable assistance immediately but in no event later than 15 days after receiving notice of claim.

(ii) No more than five days after the date that the person knows the information required to be furnished under subsection (2) of this section, if the person did not know and could not reasonably have known the information in sufficient time to provide the sixty - days» notice, and it is not reasonable to delay the relocation.

(7) Within a reasonable time after receiving a written notice under subsection (6), the real estate council must issue a notice under section 40 [notice of discipline hearing], subject to the difference that the time for issuing the notice is at least 14 days before the time set for the discipline hearing, rather than 21 days, unless the licensee agrees to a shorter period.

Associations shall have a reasonable time to respond (not less than 45 days) and copies of all notices (and any replies) shall be submitted with the application.