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 d
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 d
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 d
Employment Act (ADEA), Family and Medical Leave Act (FMLA),
employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and d
employment 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.