Sentences with phrase «breach of the contract of employment»

She was later sent a letter from the club management reading: «Your actions can be considered to be theft in circumstances where you do not have permission to take Club food from the premises, and therefore a breach of your contract of employment... The gravity of your misconduct is such that the club believes the trust and confidence placed in you as its employee has been completely undermined...»

«As I understand counsel for the respondent in this Court, he was of the view that the company could not relocate its business to the financial detriment of the respondent without creating a fundamental breach of its contract of employment.

You must be able to show that your employer acted in breach of your contract of employment, and you resigned because of that breach.

Hawkins v Atex Group Limited Acting for the former CEO of a digital media company on both an unfair prejudice petition and claims against him for breach of fiduciary duty and breach of his contract of employment (with David Chivers QC).

Copies of the journals were provided to the defendant newspaper publisher (the newspaper) by an employee of the claimant in breach of her contract of employment.

Not exact matches

1.5 It is agreed that the failure of the Store Manager to use their best endeavours to provide book up in accordance with the duties, guidelines or procedures referred to in this Contract will be a fundamental breach of the Contract and the Employer may, at its absolute discretion, terminate the employment of the Store Manager.

Boris I was quite bored too, until I got to the end and realised the whole thing was about possible breach of employment contracts, a dull subject, and then I saw the point.

You don't have to agree with Salby to see that, on the basis of our current evidence, Macquarie University has behaved in a shabby and unprofessional manner, and quite possibly breached several employment and contract laws.

«Commentary on litigation in the Windy City on topics such as business litigation, breach of contracts, fraud, building defects, real estate disputes, nursing home abuse, medical malpractice, auto accidents, truck crashes, dog bites, employment discrimination and class actions.»

The employees brought successful actions against the bank for breach of their employment contracts.

It's a concept grounded in contract law, i.e. for a claim to succeed, the employee must show that their employer's conduct was so bad (what's called a repudiatory breach of contract) that it destroyed the employment contract, thus entitling them to resign.

To successfully claim for constructive dismissal, you must be able to show that your employment contract has been breached in such a way that had the effect of making your position untenable.

By: Whitten and Lublin Category: Breach of Policy, Cause for Dismissal, Employment Contracts, Employment Law Advice, In the Media, Resignation, Wrongful Dismissal No Comments

As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in breach of a confidentiality agreement that was part of his employment contract, misappropriated that information when he went to work for the defendant JPS.

He has many years of experience of advocacy in Employment Tribunals, advocating at full hearings in relation to claims of unfair dismissal, discrimination, deductions from wages, breach of contract, TUPE and claims brought under the Working Time Regulations.

Business litigation includes several types of business - related claims, such as breach of contract, partner disputes, shareholder disputes, IP enforcement, employment claims, derivative actions, and more.

Whether you need advice on a breach of contract, or require employment law advice, FlexeBoss connects people to trusted and skilled lawyers who can provide high quality and affordable legal advice online.

Constructive dismissal occurs when you are forced to resign from your employment due to a fundamental breach of the employment contract by your employer.

With the rare experience of helping entertainment companies plan and orchestrate concerts and festivals across the U.S. and around the globe, John built the model for a practice group that caters to live music festivals and similar events, with a «soup to nuts» suite of legal services spanning complicated personal injury litigation, construction, bid protests, breach of contract, Dram Shop laws, employment, the Employee Retirement Income Security Act (ERISA), and more.

Mr. Voigt has tried cases involving personal injury defense, insurance defense, breach of contract, breach of technology / patent licensing agreements, breach of fiduciary duty, banking practices, Title VII of the Civil Rights Act, and wrongful termination of employment.

[16]... Damages for wrongful dismissal operate to compensate an employee for the employer's breach of the implied obligation in the employment contract to give reasonable notice of an intention to terminate the relationship in the absence of just cause.

Represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer.

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.

Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX).

She has litigated cases involving Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act, the National Labor Relations Act, the Family and Medical Leave Act, various state discrimination statutes, and common law and tort claims, such as retaliatory discharge, defamation, and breach of contract claims.

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

Where there is no written employment contract restricting rights at termination or the employment contract is void because it is in breach of the ESA, the appropriate notice period can be much greater than the minimums set out under the ESA.

This includes claims of employment discrimination, wage and hour violations, violations of the FMLA and other leave laws, retaliation complaints, and whistleblower claims, breach of contract claims and other workplace torts.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

Practitioners are familiar with the concept of constructive dismissal: the employer commits a repudiatory breach of the employment contract, in response to which the employee resigns.

On learning of the conviction and friendship, the local authority held a disciplinary hearing where it was decided that Reilly had committed a serious breach of an implied term of her contract of employment amounting to gross misconduct.

He did not pursue a claim for unfair dismissal against the university (he had less than a year's continuous employment), but brought a claim against Swindon College for negligent misstatement and breach of contract.

Termination of the employment of the owner manager other than for a material breach of his employment contract.

His civil cases included claims of breach of contract and fiduciary duty, unfair trade and business practices, employment discrimination and civil rights violations, securities fraud, negligence, and civil RICO claims.

Under the first branch of the test, courts must determine: (a) whether a term of the employment contract has been breached and (b) whether the breach has «substantially altered» an essential term of the contract.

Using a cost - effective approach to employment litigation, Taft's attorneys have defended individual and class action lawsuits involving claims alleging race, gender, age, disability, and religious discrimination and harassment; retaliation; Family and Medical Leave Act violations; ERISA violations; breach of contract; torts; whistleblower claims; and various other employment - related causes of action.

He sued for breach of the employment contract and constructive dismissal.

The first is to show that the employer has breached an essential term of an employment contract through a unilateral action.

He has substantial experience of advocacy in Employment Tribunals, advocating at full hearings in relation to claims of unfair dismissal, discrimination, deductions from wages, breach of contract, TUPE and claims brought under the Working Time Regulations.

As part of her practice in employment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and demployment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and demployment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and dEmployment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and demployment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and defamation.

Representation of small and mid-sized Arizona companies in litigation involving claims of fraud, securities fraud, breach of contract, breach of fiduciary duty, and employment disputes.

Thus, any violations of the FLSA by an employer could constitute breach of the employment contract which, as discussed supra, could prevent the enforcement of any restrictive covenants contained in the employment contract.

Employers should therefore consider including language in their employment contracts to reserve this power, as a constructive dismissal only occurs where an employer has undertaken a unilateral and unauthorized breach of the employment contract.

Finally, the conclusion that the failure to pay the bonus in question did not constitute constructive dismissal, notwithstanding that non-payment was in breach of the [employee's] employment contract, was reasonably open to the trial judge after a proper analysis and application of the first branch of the [constructive dismissal] test.

Where legitimate business reasons do not exist or where such reasons are not provided, the suspension will be seen as an unauthorized breach of the employment contract.

Termination of the employment of the owner manager for a material breach of his employment contract.

Served as trial or arbitration counsel in a variety of commercial matters, including a cases involving the voiding of a million - dollar note, a breach of contract case relating to a multi-million dollar insurance coverage dispute arising from a catastrophic loss, and a shareholder dispute centering on the interpretation of ten complex operating, management, business, and employment / non-compete agreements.

In his diverse practice, Jeff represents clients in disputes related to breach of contract, unfair practices under the Federal Trade Commission Act, employment claims, business torts, copyright infringement, trademark infringement, trade secrets misappropriation and other commercial matters.

The trial judge, and later the New Brunswick Court of Appeal, erred by failing to apply the first test for constructive dismissal, which is whether the employer's action constitutes a breach of the employment contract, Wagner wrote.

His practice focuses on all aspects of the entertainment industry, representing clients in the film, television and music industries in matters involving accounting and profit participation claims, copyright and trademark disputes, right of publicity, idea submissions, breach of contract, defamation, employment and insurance.