Sentences with phrase «breach of the employment relationship»

His lawyer sent the company a letter advising that the lay - off was a fundamental breach of the employment relationship, and that the worker was seeking damages.

As long as Mr. Allen accepted that state of affairs, there was no breach of the employment relationship.

Not exact matches

[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.

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 employment law the employer must not breach its duty of «trust and confidence» and in pensions law the employer has a «duty of good faith» not to destroy or seriously damage the relationship of trust and confidence.

Obtained dismissal of former employee in action alleging breach of non-compete agreements, breach of confidentiality agreements, and tortious interference with business and employment relationships.

By way of a refresher, following the implementation of the new data breach sections of PIPEDA, organizations that experience a data breach (referred to in PIPEDA as a «breach of security safeguards») must determine whether the breach poses a «real risk of significant harm» (which may include bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property) to any individual whose information was involved in the breach by conducting a risk assessment.

Ms Reilly was suspended and later summoned to a disciplinary meeting to answer an allegation that, in having failed to disclose her relationship with a man convicted of sexual offences towards children, she had committed a serious breach of an implied term in her contract of employment, which amounted to gross misconduct.

The court found that the defendants had breached their fiduciary obligations to her their fiduciary obligations to her when they used their power over the plaintiff to promote their interests in the employment relationship in a manner that conflicted with their overriding duty not to take advantage of her vulnerability.

● Both the Court of Appeal and House of Lords went further to point out a distinction between breaches of contract arising during the employment relationship and the manner of termination of that relationship.

However, the Court of Appeal disagreed, on the basis that if a termination clause could breach the ESA at some point in the employment relationship, the clause is void and unenforceable even if the employee has in fact received all of her entitlements given when termination of her employment happened.

He also represents clients in all aspects of the employment relationship, including non-compete litigation, breach of employment contracts, wage and hour matters and defamation.

[30] Misconduct «going to the core of the employment relationship» includes, as the Court explains at para. 48, behaviour that «violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee's obligations to his or her employer.»

Thus, a temporary layoff could be found by a court to go to the root of the employment relationship, entitling the employee to treat the employment contract as breached by the employer.