Sentences with phrase «breach of the code as»

The employee can bring the claim for damages for breach of the Code as part of a civil action before the Court.

Not exact matches

Few of us would die in the breach for the formulation of the ends of marriage as set out so tersely in the 1917 Code.

Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause (s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code.

However, as IBFAN has pointed out to FTSE, PricewaterhouseCoopers «rigorous evaluation» not only missed the fact Nestlé Instructions are weaker than the Code and Resolutions, they apparently missed the fact that Nestlé's infant formula labels in India are in breach of the Infant Milk Substitutes Act.

An inconsequential error was made by the adjudicator in relation to one of three areas he found this criterion to be in breach of the Admissions Code and as a result the decision in its entirety is being quashed and the determination process re-done.

It continued that, «your actions as appeared on your facebook wall, constitute a major offense and breach of the Code of Ethics of both the Civil and Local Government Service under canon one - the Principle of anonymity and performance as stated in part II, enjoins officers to maintain neutrality in the performance of public functions ``.

Continuing to chair the group as it put pressure on the government he was concurrently a member of contravenes the ministerial code, although a government spokesperson has told openDemocracy that they do not view it as a breach.

As allegations that Fox had breached the ministerial code mounted — it was alleged that Werritty was improperly using business cards claiming he was an adviser to Fox, and had gained access to high - level meetings — an inquiry was launched by the Ministry of Defence's permanent secretary and by the then cabinet secretary, Gus O'Donnell.

In the latter ruling, the UK Press Complaints Commission ruled that The Guardian was wrong to refer to the Israeli capital unequivocally as Tel Aviv, saying that this «had the potential to mislead readers and raised a breach of... the Editors» Code of Practice.»

On November 23rd 2017, I announced that the Ministerial Code was to be revised, in order to provide for allegations that the Code has been breached to be referred to an independent adviser as a source of external and independent advice to me.

Violation of test security is a serious matter with far - reaching consequences... A breach of test security may be dealt with as a violation of the Code of Professional Responsibility for Teachers, as well as a violation of other pertinent state and federal law and regulation.

Later, without asking me and as a clear breach of copyright, McIntyre published my own computer code used for another Science paper as if this was some kind of scoop.

Ultimately this case reaffirms that, although an otherwise innocuous breach of code (such as the failure to stamp a flex hose) may not in itself give rise to civil liability, a breach of code is nevertheless evidence of negligence.

The Court ruled that the employee knew, or ought to have known, that the surreptitious recording was a breach of his confidentiality and privacy obligations to his employer as well as of the personal code of conduct he had prepared as part of the corrective action imposed on him.

However, where an employer prematurely claims frustration of the employment contract and terminates the employment relationship on that basis, the employee will be found to have been wrongfully dismissed, and will be entitled to common law reasonable notice as well as damages for a breach of the Code.

In the Kitchener style («your country needs you»: 1914) of much modern code drafting (and even court forms, harrumph) the rule states: «If you are a lawyer... and you personally hold, or your firm holds, confidential information in relation to a client or former client, you must not risk breaching confidentiality by acting, or continuing to act, for another client... where: (a) that information might reasonably be expected to be material; and (b) that client has an interest adverse to the [other] client, except where proper arrangements can be made to protect that information [as set out later in the rules].»

Issues concerning a claim for damages for breaches of contract governed by UAE law and based on various articles of UAE Civil Code (Civil Transactions Law (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Law.

This business of revealing how tricks are done — demystifying the magic — when it's done a fellow magician is a breach of the magician's code, a proprietary legal system that has been in place for as long as there have been magicians.

Prior to joining Williams Montgomery & John, he practiced for four years at another Chicago - based civil litigation firm where he represented real property developers, motor vehicle dealers, lending companies, food manufacturers and family owned businesses as both plaintiff and defendant in commercial litigation matters involving breach of contract, fraud and disputes under the Uniform Commercial Code, and defended his clients in consumer class action litigation.

Here, Google had a code of conduct which set out clearly what behaviour was acceptable and, as the employee clearly breached this, they were able to act quickly as a result.

Whilst a company is often entitled to summarily dismiss an employee if they are found to be in serious breach of a code of conduct, as was the case with Google, it is highly important that the code of conduct reflects the culture, expectations and corporate ethos of the business.

We also have, as you pointed out, codes of conduct for our participants and if they breach those, there could be consequences.

As part of her consideration of whether police actions had breached the s. 9 protection in the Charter of Rights and Freedoms against arbitrary detention, Greene looked at the provisions for release under s. 498 of the Criminal Code.

Do they also cover other risks the participants may encounter, such as theft of personal property, slips and falls, personal injury resulting from violent clients or allegations of breaching the Human Rights Code, to name a few risks which may be relevant depending on the circumstances?

The Solicitors Disciplinary Tribunal found they had breached the Solicitors Code of Conduct on six counts, including that they did not act in their clients» best interests and that they used their position as a solicitor to take unfair advantage of other persons.

This limitation period does not apply to any incident involving conduct that breached some law or regulation other than the Police Act, such as the Criminal Code of Canada.

I find that the applicant has not demonstrated on a balance of probabilities that the respondents breached her Code rights when she was removed as a signing officer and when she was removed as a board president or that she experienced harassment on the basis of her age in this service.

The women were awarded between $ 5,000 and $ 20,000 as general damages for the breach of the Code for injury to dignity and self - worth.

These large and complex construction defect suits often involve multiple parties in which issues of code violations, negligence, breach of contract and fraud are at issue, as well as insurance coverage claims under GL policies.

Plaintiff search engine optimization firm sued defendant marketing firm for breach of contract, prompting defendant to countersue plaintiff (as a cross-defendant) for breach of contract and for a violation of Penal Code section 502 (a computer hacking claim which is given civil claim status through the statute).

This amendment would mean that, not only would it be contrary to the Code to discriminate between Canadian citizens and non-citizens, but it would also be a breach of the Code to discriminate on the basis of status as an immigrant, refugee, or permanent citizen.

In Ontario, the dismissed employee can claim damages for breach of the Code either by filing an application with the Human Rights Tribunal of Ontario or as part of a civil action (ie a court action).

Won a $ 1 million jury trial as to insurance code violations, deceptive trade and breach of fiduciary duty claims.

However, a question arises as to whether an employer will have breached the Ontario Human Rights Code («Code») if it fails to investigate a complaint of workplace discrimination even though, had it conducted a proper investigation, it would have found that there was no discrimination.

Since 2008 a claim for a breach of the Ontario Human Rights Code («Code») can be advanced as a civil cause of action if the pleading discloses a reasonable cause of action that does not arise solely from a breach of the Code.

Maciel was awarded nearly $ 20,000 for lost wages and employment insurance benefits she would have been eligible for, as well as another $ 15,000 in «punitive» damages for breach of the Human Rights Code.

Named by the IAAF Council at its 2017 annual meeting in Monaco, Paulsson and Kotlaba will sit as arbitrators tasked with hearing and deciding breaches, and imposing sanctions, under the international federation's reformed Integrity Code of Conduct.

[247] Some labour arbitrators in Ontario have considered a breach of a collective agreement as a factor in assessing undue hardship: see, for example, Chatham - Kent Children's Services v. Ontario Public Service Employees» Union, Local 148 (Bowen Grievance), [2014] O.L.A.A. No. 424 (note, however, that the arbitrator in this case relied on Renaud, supra note 208, a case that arose under British Columbia's Human Rights Act, S.B.C. 1984, which did not enumerate specific factors for assessing undue hardship, as the Ontario Human Rights Code does).

The criminal law has statutorily recognized the concept of breach of marital trust, in s. 718.2 of the Criminal Code of Canada, by requiring the sentencing judge to consider an increase in sentence where, as an aggravating circumstance, the offender abused his spouse or common - law partner when committing the offence.

In commercial litigation matters, Ms. Fugée has experience with the Uniform Commercial Code in the areas of secured transactions, sales, and banking (articles 2, 3, 4 and 9), as well as breach of contract matters, lender liability, lien disputes and other commercial disputes.

The recent case of Thompson v. 1552754 Ontario Inc. examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

Insofar as the cheque he received from Nigel Wright is concerned, Duffy has been charged with three different offences: (1) bribery, contrary to s. 119 of the Criminal Code; (2) fraud on the government, contrary to s. 121 (1)(c); and (3) breach of trust, contrary to s. 122.

In this recent Statement of Objections, the Commission alleges that Google has breached EU antitrust rules by: requiring manufacturers to pre-install Google Search and Google's Chrome browser and requiring them to set Google Search as default search service on their devices, as a condition to license certain Google proprietary apps; preventing manufacturers from selling smart mobile devices running on competing operating systems based on the Android open source code; giving financial incentives to manufacturers and mobile network operators on condition that they exclusively pre-install Google Search on their devices.

He held that the common law should exclude stigma damages as a head of claim «for breach of contract that consists of a failure to comply with a disciplinary code» as to permit such a claim would undermine Johnson and Eastwood.

(1) there is no proof that the law society can't deal with the problem «on its own,» it being a problem that LSUC itself inflicted on the residents of Ontario by decades of ignoring it (as have all law societies), and with no attempt to solve it or learn its cause, which might well be «a breach of trust by a public officer»; see s. 122 of the Criminal Code, and the definition of «public officer» provided by, R. v. Boulanger 2006 SCC 12.

However, after determining that separate property and pre-separation community income fiduciary breaches could not give rise to sanctions under Family Code section 1101 and reversing 4 of 16 listed fiduciary duty violations, the Sixth District determined that section 1101 (g), a mandatory fee statute, could not support a fee award as far as the 4 reversed breaches were concerned.

Come to a determination as to whether there has been a breach of any of the provisions of The Insurance Act of Manitoba, its Regulations, the Licensing Rules or the Insurance Councils Code of Conduct

Adding to the more recent confusion, as Emojipedia also pointed out in its reporting, was the fact that Apple's own app development course on coding using Swift offers an example of an app with emojis that seems to breach its policy.

Code s. 1798.82 (a)-RRB-, which empowers its Attorney General to investigate and pursue legal action against businesses in violation of its provisions, as well as requiring mandatory notifications to consumers, defines «breach of the security of the system» as «unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business.»

The Real Estate Council of Ontario (RECO) be given the ability to order a registrant to repay either all, or a portion, of the profits gained as a result of a breach under the REBBA Code of Ethics