Sentences with phrase «damages by returning»

In my view, the Courts have correctly determined that in some circumstances it will be necessary for a dismissed employee to mitigate his or her damages by returning to work for the same employer.

The risk that an employee takes when claiming constructive dismissal is further highlighted by the fact that Justice Nightingale held that had Ms. Bolibruck been constructively dismissed from her employment, she would have been required to mitigate her damages by returning to work for NHS.

My final question is this: If a judge is required to undertake the above - referenced analysis when an employee alleges that he or she should not be made to mitigate his damages by returning to a hostile, embarrassing or humiliating work environment (thus using the allegations as a «shield») why is it «unnecessary and undesirable to expand the court's involvement in such questions» when the employee puts forwards the allegations as a claim, thus using the allegations as a «sword?»

It is likewise appropriate to assume that in the absence of conditions rendering the return to work unreasonable, on an objective basis, an employee can be expected to mitigate damages by returning to work for the dismissing employer.

Where the employer offers the employee a chance to mitigate damages by returning to work for him or her, the central issue is whether a reasonable person would accept such an opportunity.

They also share ideas on how to revert that damage by returning to an earlier way of eating.

Not exact matches

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

So merchants could significantly reduce product return rates by simply ensuring they ship the right item and ensure they use safe shipping modes that could reduce risk of damage.

These were books that no one wanted, had been returned by bookstores, and often they were classics with damaged sleeves.

In the preliminary discussions which have been held by academicians in Catholic institutions since the decree was announced, there has been a consensus that the oath and profession could severely damage the intellectual reputation of Catholic colleges and universities, returning them to their isolated position of the 19th century.

Profitable farms are regenerating damaged soils and returning function by understanding how plants and soil interact.

I don't blame Giroud for have very little talent, or Mert for being slower than my grand mother, or Flamini having the control of a 2 year old in a bumper car, or Sanchez getting injured when he is played whilst being burned out, or Cazorla for getting injured and left on the pitch playing with knee ligament damage God knows prolonging his return date by how many weeks.

But he was sidelined by a knee injury that required surgery to repair cartilage damage, and his depression returned.

Cuomo returned to Wayne and Monroe Counties to visit communities impacted by flooding and erosion damage from Lake Ontario, announcing the state will reimburse the Town of Greece and the Village of Sodus Point $ 500,000 each for infrastructure costs due to flooding.

I think it is essential for the country that Labour return to power and start to halt the damage being done by the Tories.

He may abide by the contract and then bring an action to recover damages he has sustained due to the fraud; or he may rescind the contract, return the property if already accepted, and recover the purchase price, if already paid, by action after demand and refusal.

Four out of 38 applications the Trustees reviewed were damaged bluffs, bulkheads and staircases, and the board expects more emergency applications related to the storm as damage covered by drifting snow is revealed and part - time residents return, according to a letter presented to the Town Board.

Tories fear Ukip could make capital out of any perception that England will lose out if Scotland gains the power to set its own spending, taxes and welfare policy — or so - called devo max — in return for staying in the UK, ahead of a potentially damaging by - election in Clacton next month.

The first is how much ground the economy has to make up to return to its long - term trend — known as the output gap — and the second is the damage caused to the economy by the recession.

However, it could take several days to remove trees felled by the storm, clean up debris, and just take stock of the water damage, Kolen says, and it's unclear when researchers will be able to return to their labs.

Some plants, such as hickories and oaks, avoid freezing damage by dropping their leaves before the winter chill sets in - effectively shutting off the flow of water between roots and leaves - and growing new leaves and water transport cells when warmer weather returns.

Genesis returned to Earth in 2004 but was damaged by a crash landing after its parachute failed to deploy on reentry into Earth's atmosphere.

We share more on naturally supporting hormone balance and the return to balance when challenged by PCOS in our guide How to Reduce the Damaging Effects of PCOS on Fertility Through Diet and Herbs.

Cocoon 2 picks up the action five years later: The Antareans return to earth to check on the damage caused to their life - regenerating cocoons by earthquakes.

The film really gets started when the boys, now mature men with some age and life experience under their belts, return to Mississippi as psychologically damaged war veterans and slog their way through the challenges of civilian life in a postwar Deep South ruled by bigotry and ignorance.

Writer - director Shane Black's horribly enjoyable action comedy The Nice Guys is an jauntily arch return to this tradition, the story of two dishevelled and incompetent private detectives in 1970s Los Angeles — played by Russell Crowe and Ryan Gosling — who have been expensively tasked with solving the mystery surrounding the death of a missing porn actress, and what other kind of fascinatingly damaged female character can there be?

The smartest move made by returning screenwriter David S. Goyer and new ringer Chris Terrio (Argo) is building the movie around the collateral damage of Man Of Steel's climax, restaged from the ground - level perspective of Gotham's playboy with a secret, Bruce Wayne.

Other Stuff We Watched Amazing Stories Young Sherlock Holmes Make Believe Tree of Life Sunshine Brain Damage The Host I Saw the Devil Superman Superman II Superman III Superman IV: The Quest for Peace Superman Returns Stand By Me Team America: World Police City Slickers

The destruction focused Mayhem mode returns, encouraging you to do as much monetary damage as possible by blowing up everyone / thing in your path.FYI, a human life is apparently worth $ 103.

They return home to the apartment in which we will spend the next two hours, and they are in high spirits, hardly perturbed by the damaged lock on their front door from a failed break - in.

In August 2007, a few months after Moss returned from New York City, her students began transforming their storm - damaged classroom — a huge 40 - foot - by -80-foot room with 15 - foot - high walls painted an institutional blue.

His duties included the location and protection of art treasures, emergency restoration to war - damaged pieces, and the return to museums of art stolen by the German Army.

At the end of a lease, any damage caused by pets will be offset by the pet deposit or pet rent but the landlord isn't required to return any fees if the damage costs are less than the amount of fees collected.

So, assuming you too are human and prone to this type of emotional pressure on your decision - making (like the rest of us), it's smart to build into your plan safeguards that help you get through challenging periods without damaging your long - term returns (by selling in the midst of downturns).

Shares of these unloved insurance stocks should provide steady returns for investors, despite the damage dealt by Hurricane Harvey.

Score and index threshold changes can be caused by something as small as a recent late payment from a vendor account or a high dollar collection account caused by damaged goods returned to the supplier with a resolution pending.

If found by Sponsor to be in violation, Entrant agrees to pay all legal fees and damages incurred by Sponsor to enforce this provision, and, if applicable, return to Sponsor any award (s) received as liquidated damages.

Items ordered on the Pyramid Credit Repair Online Store that arrived damaged can be returned by contacting Customer Service at 855.984.1867.

Affected dogs, in reality, are truly suffering from a panic disorder; therefore, the damage found by owners upon returning home is simply the display of their dog's distress.

On rare occasions, a vessel damaged by the process will break when the dog returns to exercise.

B.C.H.S. is not liable to you for any bodily injury, property damage, or loss whatsoever to you, other persons, your pets, or other person's pets, caused by the actions, behavior or health of the foster animals in your care, except if such injury, damage, or loss are caused by gross negligence or intentional misconduct by B.C.H.S. Returning Fosters: You agree to contact your Team Leader in the event you are no longer able or willing to provide foster care for your foster pet.

Sooner or later every dog lover returns home to find some unexpected damage inflicted by their or their dog; or, more specifically, that dog's teeth.

Royal Caribbean also announced return dates to St. Maarten and St. Croix following the damage caused by Hurricane Irma and Hurricane Maria.

Cardholders will also enjoy the purchase protection benefits offered by Chase included extended warranty for 3 years after the initial purchase, price protection if the price drops within the first 90 days of purchase, protection from damage, theft, or rejected merchant returns.

Major cruise lines announced plans for their return to Caribbean islands damaged by Hurricane Irma and Hurricane Maria this week.

Return an item to a store that won't take back an item for up to 90 days ($ 500 / item, $ 1,000 per year)- Purchase protection: 120 days of protection in case of damage of theft on items you buy ($ 500 / item, $ 50K / account)- Warranty protection: An extra year of warranty coverage on purchases ($ 10K / item, $ 50K / account)- Lost Luggage Protection: If your checked or carry - on bags are lost you can be reimbursed by up to $ 3,000 per person.

Praised by critics as being a return to the series» horror roots (especially due to the limited ammo and guns), Resident Evil Revelations takes place between RE4 and RE5, and features fan favorites Chris Redfield and Jill Valentine as they battle horrific mutations on a boat and in the damaged city of Terragrigia.

The player fights to stay alive by exploring the wreckage for precious resources, and overcomes the challenges of an unforgiving environment to repair the damaged EEV and safely return home.

- the game's shading mechanism has changed, which allows for increased gear texture quality - all graphical aspects and programming mechanisms have been built up from scratch for this sequel - maximum resolution is 1080p in TV mode - a bigger focus for Nintendo was the 60 frames per second - occasionally the resolution will be scaled down when there is too much ink displaying on the screen - Nintendo reduced the CPU load and refined the way to use CPU power effectively to maintain 60 fps in all matches - weapons were tweaked to let players be more creative by thinking about unique weapon characteristics and their best uses - weapons are designed to be effective when they are used during the right occasion - Special weapons are stronger than the original ones when used in the right situation, but weaker otherwise - the damage and effect of slowing down your movement when you step in the opponent's ink are reduced from original - you can jump up in rank if you're good enough, but only up until S - you can't jump up from C, B or A to S + - when you win battles in Ranked mode, the Ranked meter fills and your rank goes up when its fully filled - when you lose a battle, the gauge does not decrease, but the meter starts to crack - once the meter reaches its limit, it breaks - when the meter breaks, you have to start over again from the beginning or from a lower rank - highest rank is still S +, but if you fill up the Ranked meter, you get numbers after the alphabet such as «S +1», «S +2» and so on - maximum number is «S +50», but this number will not be displayed to your opponent - you are the only one to see it, and you can check it on your own status screen - Ranked Power is calculated by an algorithm to measure how strong each player is with minuteness - this will determine if a player's rank is worthy of receiving a big jump (like from «C» to «A»)- Ranked Power has no relation to your splat rate, and is more tied into to how well you lead your team to victory - you won't drop off more than one rank even if you play poorly - stage rotation time was changed to two hours - this was done because the devs expected people to play for an hour or so, but they found people play much longer - with Salmon Run, Nintendo considered how to implement a co-op oriented mode in a player - versus - player type of game - the devs will monitor how users are playing this mode to see if there's some tweaks they can throw in - more Salmon Run maps will be added in the future, but Nintendo wouldn't comment on adding more enemy types to the mode - rewards are changed each time Salmon Run is played - you can obtain rewards when playing locally, but not gear - originally Nintendo had an idea for this mode, but had no background setting, enemy designs, etc. - Inoue suggested that it should be salmon - themed - when Nintendo hosted the Splatfest that pit Callie against Marie, the development of Splatoon 2 had started - the devs had already decided to have the result reflected in the sequel - they even had an idea to announce the Splatfest with a phrase «Your choice will change the next Splatoon» - the timing to announce a sequel wasn't right, so they decided against this - they eventually released a series of short stories about the Squid Sisters to show how the Splatfest affected the sequel's story - Nintendo wouldn't say if Marina is an Octoling, and noted that Inklings are not paying attention to this too much - Inklings don't care about appearances, as long as everyone is doing something fresh - the Squid Sisters had composers who produced their songs, but Off the Hook are composing their music by themselves - Pearl is genius artist, but she couldn't find a right partner because she's a bit too edgy - she eventually found Marina as a partner though, and their chemistry is sparkling right now - Nintendo is planning a year of content updates for Splatoon 2 - when finished, the quantity of stages will be more than the original - some of the additional stages are totally new and some will be arranged stages from the first game - not all original stages will return and they are choosing stages based on the potential for them to be improved - Brella is shotgun-esque weapon, so the ink hits your opponent more if you are closer - it can shield damage when you open it, but the amount of damage has a limit and once it reaches it, it breaks - you can shoot ink, but you can't use the shield feature when it breaks - the shield won't prevent your allies ink - there are more new weapon categories which haven't been revealed yet - there are no other ranked modes outside of the three current options - the future holds any sort of possibility, but the devs didn't get specific about adding more content like that - for the modes, they adjusted the rule designs so that players will experience the more interesting aspects

In Darth Vader's case he has three unique abilities, The Force Choke which puts an enemy in an inescapable choke; Saber throw which allows Vader to thrown his light saber and have it return to him, dealing damage to anyone it hits; Heavy Strike which is a spin attack that will take out anyone in close range of a 360 degree move by Vader.