Labour and Employment Sample Clauses

Labour and Employment. (i) No executive or manager of Alacer or its material subsidiaries is on long-term disability leave, extended absence, authorized unpaid leave of absence (including maternity or parental leave or unpaid sick leave) or worker’s compensation leave. As of the date of this Agreement, no executive or manager of Alacer or its material subsidiaries has indicated an intention to resign their employment. All current assessments under applicable workers’ compensation legislation in relation to the employees of Alacer and its material subsidiaries have been paid or accrued by Alacer and its material subsidiaries, as applicable, and Alacer and its material subsidiaries are not subject to any special or penalty assessment under such legislation which has not been paid. (ii) Section 3.1(1)(bb) of Alacer Disclosure Letter contains a complete and accurate list of all Contracts or arrangements for the employment or services of any employee, officer, director or consultant of Alacer or any of its material subsidiaries that is party to a change of control, severance, termination, “golden parachute” or similar agreement or provision. (iii) Except as disclosed in Section 3.1(1)(bb) of the Alacer Disclosure Letter, there is no collective bargaining agreement in force with respect to the employees of Alacer or any of its material subsidiaries, and there are no outstanding or, to the knowledge of Alacer, pending or threatened labour tribunal proceedings of any kind, including unfair labour practice proceedings or any proceedings which could result in certification of a trade union or employee association as bargaining agent for any employees of Alacer or any of its material subsidiaries. To the knowledge of Alacer, there are no threatened or apparent organizing activities by a trade union or employee association involving employees of Alacer or any of its material subsidiaries. Alacer and its material subsidiaries are not certified to enter into a voluntary recognition arrangement with a trade union or employee association and except as disclosed in Section 3.1(1)(bb) of the Alacer Disclosure Letter, are not party to a collective agreement (whether or not the expiry date of such collective agreement has passed.) (iv) The Alacer Financial Statements include in all material respects adequate accruals or reserves determined in accordance with IFRS for all accrued and unpaid salaries, wages, bonuses or other remuneration, vacation pay, Canada Pension Plan and Employment Insurance and...
Labour and Employment. (i) Schedule 3.1(bb)(i) of the Disclosure Letter sets forth a complete list of all employees of Xxxxxxxxx and its subsidiaries, together with their titles, service dates and material terms of employment, including current wages, salaries or hourly rate of pay, and bonus (whether monetary or otherwise). Except as disclosed in Schedule 3.1(bb)(i) of the Disclosure Letter, no such employee is on long-term disability leave, extended absence or worker’s compensation leave. All current assessments under applicable workers compensation legislation in relation to the employees listed in Schedule 3.1(bb)(i) of the Disclosure Letter have been paid or accrued by Xxxxxxxxx and its subsidiaries, as applicable, and Xxxxxxxxx and its subsidiaries are not subject to any special or penalty assessment under such legislation which has not been paid. (ii) Except for those written employment contracts with salaried employees of Xxxxxxxxx and any of its subsidiaries identified in Schedule 3.1(bb)(ii) of the Disclosure Letter, there are no written contracts of employment entered into with any such employees or any oral contracts of employment. Except for those agreements or provisions described in Schedule 3.1(bb)(ii) of the Disclosure Letter, no employee of Xxxxxxxxx or of any of its subsidiaries is party to a change of control, severance, termination, golden parachute or similar agreement or provision or would receive payments under such agreement or provision as a result of the Arrangement. (iii) Neither Xxxxxxxxx nor any subsidiary is party to any collective bargaining agreement, contract or legally binding commitment to any trade unions or employee organization or group. Other than as disclosed in Schedule 3.1(bb)(iii) of the Disclosure Letter there are no threatened or apparent union organizing activities involving employees of Xxxxxxxxx or any of its subsidiaries nor is Xxxxxxxxx or any of its subsidiaries currently negotiating any collective agreements. (iv) Schedule 3.1(bb)(iv) of the Disclosure Letter sets forth a complete list of the consulting and third-party contractor agreements, including drilling contractors, between Xxxxxxxxx or any of its subsidiaries. Other than as disclosed in Schedule 3.1(bb)(iv) of the Disclosure Letter, there are no defaults or violations by Xxxxxxxxx or any of its subsidiaries under any such agreements listed in Schedule 3.1(bb)(iv) of the Disclosure Letter, and there are no claims or proceedings, and to the knowledge of Xxxxxxxxx, threat...
Labour and Employment. (i) Except for those (i) employment contracts with salaried employees of Tahoe or any of the Tahoe Material Subsidiaries and (ii) contracts with contractors of Tahoe and any of the Tahoe Material Subsidiaries identified in Schedule 3.1(ee) of the Tahoe Disclosure Letter, there are no written or oral contracts of employment entered into with any such employees or contractors. Except as identified in identified in Schedule 3.1(ee) of the Tahoe Disclosure Letter, no employee, contractor, officer or director of Tahoe or any of its subsidiaries is party to a change of control, severance, termination, golden parachute or similar agreement or provision or would receive under such agreement or provision as a result of the Arrangement: (A) any payment (including severance, unemployment compensation, “golden parachute”, bonus or otherwise) or increase any benefits otherwise payable; (B) any increase in the rate of, or acceleration of the time of payment or vesting of, wages, salaries, commissions, bonuses, incentive compensation or other remuneration, severance entitlement, or benefits otherwise payable; or (C) result in the acceleration of the time of payment or vesting of any benefits or entitlements otherwise available pursuant to any Tahoe Benefit Plan. (ii) Except as disclosed in Schedule 3.1(ee) of the Tahoe Disclosure Letter, neither Tahoe nor any of its subsidiaries is subject to any collective agreement, either directly or by operation of law, with any trade union or association which may qualify as a trade union. There are no outstanding labour tribunal (administrative or judicial) proceedings of any kind related to any labour or employment obligation under any applicable Laws, including unfair labour practice proceedings or any proceedings which could result in certification of a trade union as bargaining agent for any employees of Tahoe or any of its subsidiaries. No material claim relating to termination of employment with Tahoe or its subsidiaries is pending or, to the knowledge of Tahoe, threatened. To the knowledge of Tahoe, there are no threatened or apparent union organizing activities involving employees of Tahoe or any of its subsidiaries nor is Tahoe or any of its subsidiaries currently negotiating any collective agreement. (iii) No labour strike, lock-out, slowdown or work stoppage is pending against or directly affecting Tahoe or any of its facilities. (iv) All amounts due or accrued for all salary, wages, commissions, bonuses, vacation pay an...
Labour and Employment. (i) Schedule 3.1(ee) of the HighGold Disclosure Letter sets out a complete and accurate list of all employees and contractors of HighGold, as well as their title, date of hire, salary, wage rate, fee, vacation entitlement and total accrual, eligibility for overtime, bonus, and other material compensation. Other than as set out in Schedule 3.1(ee), no employee is on leave or otherwise absent from work. Except for those: (A) employment contracts with salaried employees of HighGold or any of its subsidiaries; and (B) contracts with contractors of HighGold and any of its subsidiaries identified in Schedule 3.1(ee) of the HighGold Disclosure Letter, there are no written or oral contracts of employment entered into with any such employees or contractors. Except as identified in Schedule 3.1(ee) of the HighGold Disclosure Letter, no employee, contractor, officer or director of HighGold or any of its subsidiaries is party to a change of control, severance, termination, golden parachute or similar agreement or provision or would receive under such agreement or provision as a result of the Arrangement: (A) any payment (including severance, unemployment compensation, “golden parachute”, bonus or otherwise) or increase any benefits otherwise payable; (B) any increase in the rate of, or acceleration of the time of payment or vesting of, wages, salaries, commissions, bonuses, incentive compensation or other remuneration, severance entitlement, or benefits otherwise payable; or (C) an acceleration in the time of payment or vesting of any benefits or entitlements otherwise available pursuant to any HighGold Benefit Plan. (ii) Except as disclosed in Schedule 3.1(ee) of the HighGold Disclosure Letter, neither HighGold nor any of its subsidiaries is subject to any collective agreement, either directly or by operation of law, with any trade union or association which may qualify as a trade union, nor does any trade union or association which may qualify as a trade union hold bargaining rights relating to HighGold or any of its subsidiaries or their employees. There are no outstanding labour tribunal (administrative or judicial) proceedings of any kind related to any labour or employment obligation under any applicable Laws, including unfair labour practice proceedings or any proceedings which could result in certification of a trade union as bargaining agent for any employees of HighGold or any of its subsidiaries. No material claim relating to termination of employment with ...
Labour and Employment. (i) Schedule 3.1(bb)(i) of the Disclosure Letter sets forth a complete list of all expatriate and Perth-based employees of Moto and its material subsidiaries, together with their titles, service dates and material terms of employment, including current wages, salaries or hourly rate of pay, and bonus (whether monetary or otherwise). Except as disclosed in Schedule 3.1(bb)(i) of the Disclosure Letter, no such employee is on long-term disability leave, extended absence or worker’s compensation leave. As at August 4, 2009, none of the material employees of Moto or its material subsidiaries has indicated an intention to resign their employment. All current assessments under applicable workers compensation legislation in relation to the employees listed in Schedule 3.1(bb)(i) of the Disclosure Letter have been paid or accrued by Moto and its material subsidiaries, as applicable, and Moto and its material subsidiaries are not subject to any special or penalty assessment under such legislation which has not been paid. (ii) Except for those written employment contracts with salaried employees of Moto and any of its material subsidiaries identified in Schedule 3.1(bb)(ii) of the Disclosure Letter, there are no written contracts of employment entered into with any such employees or any oral contracts of employment. Except for those agreements or provisions described in Schedule 5.5 of the Disclosure Letter, no employee of Moto or any of its material subsidiaries is party to a change of control, severance, termination, golden parachute or similar agreement or provision or would receive payments under such agreement or provision as a result of the Arrangement. (iii) Moto will provide to Randgold a complete list of the collective agreements, either directly or by operation of law, between Moto or any of its material subsidiaries with any trade union or association which may qualify as a trade union (collectively the “Collective Agreements”). Other than as disclosed in Schedule 3.1(bb)(iii) of the Disclosure Letter, there are no outstanding or, to the knowledge of Moto, threatened labour tribunal proceedings of any kind, including unfair labour practice proceedings or any proceedings which could result in certification of a trade union as bargaining agent for any employees of Moto or any of its material subsidiaries not already covered by a collective agreement. Other than as disclosed in Schedule 3.1(bb)(iii) of the Disclosure Letter there are no threatened or apparent...
Labour and Employment. 5.1 The parties acknowledge that certain Persons providing the Services may also be employed or engaged to perform services for the Authority, and consequently the parties agree that no Person employed or engaged by or otherwise associated with the Service Provider in the performance of the Services (whether or not such Person is also employed by the Authority to perform services) is, in connection with such Person’s performance of the Services: (a) an employee of or in an employment relationship of any kind with the Authority; or (b) in any way entitled to any terms or conditions of employment or any employment benefits of any kind whatsoever from the Authority under any collective agreement or otherwise including private programs or coverage and statutory programs or coverage, whether under the Employment Standards Act, the Workers’ Compensation Act, the Employment Insurance Act (Canada), health plan contributions, or otherwise. The Authority will have no liability or responsibility for the withholding, collection or payment of income taxes, employment insurance, statutory or other taxes or payments of any other nature on behalf of, or for the benefit of, the Service Provider or any other Persons in connection with the provision of the Services. 5.2 The Service Provider is the sole decision-making authority regarding planning and implementing human resource issues for its own personnel with respect to the Facility and the Services. 5.3 With respect to the Facility and the Services, the Service Provider has the full rights of an employer including the right: (a) to ratify a collective agreement; (b) to control the selection, retention, discipline, layoff and termination of personnel; (c) to develop personnel policies and practices; (d) if applicable, to direct participation with the Health Employers Association of British Columbia (“HEABC”); and (e) if applicable, to contract out services in accordance with the Health and Social Services Delivery Improvement Act, the Health Sector Partnerships Agreement Act, and all other Applicable Law provided that: (i) the Service Provider notifies the Authority of its intention and plan regarding such contracting out; and (ii) any plans to contract out any services relating to direct care delivery require the prior written approval of the Authority, which approval will not be unreasonably withheld. 5.4 The Service Provider will comply with all medical, nursing and other professional staff governance provisions binding...
Labour and Employment. (i) Except for those agreements or provisions described in Schedule 4.1(v)(i) of the HudBay Disclosure Letter, no employee of HudBay or any Material HudBay Subsidiary is party to a change of control, severance, termination, golden parachute or similar agreement or provision and would receive payments under such agreement or provision as a result of the Arrangement. (ii) Schedule 4.1(v)(ii) of the HudBay Disclosure Letter sets forth a complete list of the collective agreements, either directly or by operation of law, between HudBay or any Material HudBay Subsidiary with any trade union or association which may qualify as a trade union. Other than as disclosed in Schedule 4.1(v)(ii) of the HudBay Disclosure Letter, there are no outstanding or, to the knowledge of HudBay, threatened labour tribunal proceedings of any kind, including unfair labour practice proceedings or any proceedings which could result in certification of a trade union as bargaining agent for any employees of HudBay or any Material HudBay Subsidiary not already covered by a collective agreement. Other than as disclosed in Schedule 4.1(v)(ii) of the HudBay Disclosure Letter there are no threatened or apparent union organizing activities involving employees of HudBay or any Material HudBay Subsidiary nor is HudBay or any Material HudBay Subsidiary currently negotiating any of the collective agreements listed in Schedule 4.1(v)(ii) of the HudBay Disclosure Letter. There is no default or violation under any collective agreement listed in Schedule 4.1(v)(ii) of the HudBay Disclosure Letter. There is no strike or lockout involving the employees covered by the collective agreements listed in Schedule 4.1(v)(ii) of the HudBay Disclosure Letter.
Labour and Employment. No labour strike, lock-out, slowdown or work stoppage is pending against or directly affecting Pan American or any of its facilities.
Labour and Employment. (a) Except as disclosed in Schedule J, none of the Holding Entities has any employees and no Holding Entity will be a party as of the Closing Date to any Contract of employment or Contract for services with any consultant or independent contractor and no individual is party to a change of control, severance, termination, golden parachute or similar agreement or provision or would receive payments under any such agreement or provision as a result of the transactions contemplated by this Agreement. (b) None of the Holding Entities or the Buyer shall have any liabilities, obligations and amounts payable to any employee or former employee of any Holding Entity on or after the Closing Date.
Labour and Employment. (i) All current assessments under applicable workers’ compensation or similar legislation in relation to the employees of Xxxxxx or any Xxxxxx Subsidiary have been paid by Xxxxxx or such Xxxxxx Subsidiary as applicable, and neither Xxxxxx nor any Xxxxxx Subsidiary is subject to any special or penalty assessment under such legislation that has not been paid. (ii) Except for those agreements or provisions described in Schedule 3.1(y)(ii) of the Xxxxxx Disclosure Letter, no employee of Xxxxxx or any Xxxxxx Subsidiary is party to a change of control, severance, termination, golden parachute or similar agreement or provision and would receive payments under such agreement or provision as a result of the Arrangement. (iii) Other than as disclosed in Schedule 3.1(y)(iii) of the Xxxxxx Disclosure Letter, there are no outstanding or, to the knowledge of Xxxxxx, threatened labour tribunal proceedings of any kind, including unfair labour practice proceedings or any proceedings which could result in certification of a trade union as bargaining agent for any employees of Xxxxxx or any Xxxxxx Subsidiary not already covered by a collective agreement. Other than as disclosed in Schedule 3.1(y)(iii) of the Xxxxxx Disclosure Letter there are no threatened or apparent union organizing activities involving employees of Xxxxxx or any Xxxxxx Subsidiary nor is Xxxxxx or any Xxxxxx Subsidiary currently negotiating any of the collective agreements listed in Schedule 3.1(y)(iii) of the Xxxxxx Disclosure Letter. There is no default or violation under any collective agreement listed in Schedule 3.1(y)(iii) of the Xxxxxx Disclosure Letter. There is no strike or lockout involving the employees covered by the collective agreements listed in Schedule 3.1(y)(iii) of the Xxxxxx Disclosure Letter.