Sentences with phrase «whether termination of an employment»

In McKinley v. BC Tel, 2001 SCC 38, [2001] 2 S.C.R. 161, the Supreme Court made it clear that the principle of proportionality is the focus in the determination whether termination of an employment relationship is the appropriate sanction in response to employee misconduct.

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».

Not exact matches

Whether it's a change in the group plan or a change of employment — even a termination — your husband could find his coverage changes through no decision of his own.

In addition, Roth and non-Roth account balances are combined to determine whether a participant's vested accrued benefit is $ 5,000 or less, allowing the account to be involuntarily cashed - out upon termination of employment.

Personal injury cases, termination and employment law issues, and criminal law matters are examples of emergency situations where one should at least have a basic understanding of the first points of contact — whether a lawyer, government institutions, or other public authorities such as the police.

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.

To put it another way, if an employee becomes sick or injured while employed and therefore covered by a group policy of insurance, a subsequent termination of employment should be irrelevant to the issue of whether the employee is eligible to make application for coverage to the insurer.

In such clauses the parties should address when such bonus payments will be made, to what extent, if any, the bonuses are discretionary and whether the employee will be entitled to payment of bonus subsequent to termination of employment.

The first step in calculating the amount of notice depends on whether that employee's termination is subject to a valid employment contract.

LEXIS 61 (ARB No.16 - 022 October 5, 2017), the Administrative Review Board reminds us of the FRSA's low threshold for adverse action: «where termination, discipline, and / or threatened discipline are involved, there is no need to consider the alternative question whether the employment action will dissuade other employees.»

The Court further concluded that the employment income which Ms. Brake earned during her statutory notice entitlement period was not deductible as mitigation income, reasoning that statutory entitlements (termination and severance pay) are not damages and that employees are entitled to receipt of these statutory entitlements whether or not they secure new employment during the period they are intended to cover.

There are a number of legal issues to consider, including whether there are sufficient circumstances to prove just cause, the effect of any employment agreement, and the amount of notice of termination or pay in lieu of notice required by the Employment Standards Act, 2000 and the cemployment agreement, and the amount of notice of termination or pay in lieu of notice required by the Employment Standards Act, 2000 and the cEmployment Standards Act, 2000 and the common law.

Prior to the introduction of DIFC Employment Law No. 3 of 2012 («DIFC Employment Amendment Law») the position under DIFC Employment Law No. 4 of 2005 («DIFC Employment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their eEmployment Law No. 3 of 2012 («DIFC Employment Amendment Law») the position under DIFC Employment Law No. 4 of 2005 («DIFC Employment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their eEmployment Amendment Law») the position under DIFC Employment Law No. 4 of 2005 («DIFC Employment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their eEmployment Law No. 4 of 2005 («DIFC Employment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their eEmployment Law 2005») was that all employees must, within the first month of their employment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their eemployment, elect whether to join the employer's pension scheme or to receive end of service gratuity on termination of their employmentemployment.

... [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]

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.

Similarly, employees who receive offers of employment that contain termination clauses and restrictive covenants should ensure that they understand what these clauses actually mean and whether or not a court is likely to enforce the clauses.

[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

Whether you are faced with decisions concerning the hiring or termination of an employee, or simply day - to - day employment issues, the attorneys at Spesia & Taylor are here to help.

In Wood v. Fred Deeley Imports Ltd, the Ontario Court of Appeal has provided further insight into the factors that will be considered in determining whether an employment contract is enforceable, and thus properly limits an employee's common law entitlements on termination.

[47] I turn first to the issue whether the termination provision in the Employment Agreement was enforceable, given that it was signed nine months after the appellant commenced employment pursuant to the Offer Letter, which said nothing about notice of teEmployment Agreement was enforceable, given that it was signed nine months after the appellant commenced employment pursuant to the Offer Letter, which said nothing about notice of teemployment pursuant to the Offer Letter, which said nothing about notice of termination.

The fundamental issue for determination was whether his contract of employment is to be viewed as a fixed term employment contract with an objectively justifiable maximum term of nine years or whether the contract was converted by virtue of the Fixed - Term Employees (Prevention of less Favourable Treatment) Regulations 2002 (SI 2002/2034)(The 2002 Regulations) into a permanent contract thereby entitling him to continue working or upon termination obtain redress for unfair and wrongful dismissal.

The answer will depend much on what the status of the officer really is, whether he has an employment agreement and whether the by - laws of the entity allow for the termination of shareholder rights under certain circumstances.

Whether a lump sum payment to settle three grievances, paid to McLaughlin upon termination of his employment, was salary - based and, therefore, pensionable.

Take the following clause from an employment contract: If and whenever required to do so (whether during or after the termination of this Contract), you shall at the expense of the Company (or...

Whether the departure of an employee was properly a termination or a repudiation of employment was a finding of fact for the trial judge ~

When determining as to whether the employee has a right to the bonus upon termination, the wording of the bonus policy or bonus provision in employment contracts must be analyzed carefully.

Although most employers would rather hire than fire, termination letters are necessary to end an employment for various different reasons — whether it's a layoff, poor performance, violation of company rules or other causes deemed basis for termination by the company.

Courts now look at whether the behavior constitutes harassment under Title VII of the Civil Rights Act of 1964, then whether the plaintiff actually suffered adverse employment action, such as termination, demotion, undesirable reassignment, decrease in benefits, or failure to be promoted as a result of the supervisor's actions.