Sentences with phrase «existence of the contract of employment»

Given the way the agency worker cases have been proceeding, the employee appears to have founded her case primarily on the length of service with the one client and in practice being treated in a way indistinguishable from council employees; in other words, her position was consistent with the existence of a contract of employment.

Not exact matches

The effect of disregarding the existence of such clauses solely because they appear in an agreement that preceded the formation of a separate contract of employment would be to negate the foundations of, and the rationale for, the obligations of non-competition and non-solicitation provided for in the clauses, while at the same time discounting the intentions of the parties.

Such a clause is incompatible with an obligation to provide work personally — a fundamental requisite to the existence of an employment contract.

Given the court's finding that minimum Code standards are incorporated by force of statute into the employment contract, the existence of an express or implied term of the employment contract requiring overtime to be paid to an FLS was a question of fact to be determined at trial.

In addition, the trial judge noted the presence of some inducement in the defendant's recruitment of the plaintiff and emphasized the existence of non-competition and non-solicitation clauses in the employment contract.

With respect to labour law, she focuses on advising her clients on all individual labour law questions, relating to the establishment, existence and termination of employment relationships, in particular structuring of contracts and rights of termination.

Reference to policy manual: For a policy manual to form a «term» of employment, it is not enough to refer to the existence of the company's manual in the contract.

Company VP Entitled to Litigate His New Jersey Wage Dispute in Court Despite the Existence of Arbitration Clause in Employment Contract, New Jersey Employment Lawyer Blog, May 18, 2017

I have therefore decided, on equitable grounds, that it is well within my remedial authority to restrain and «estopp» the employer or its servants from denying the existence of an enforceable employment contract, arising from the Resolution of July 19th, where the exercise of good faith and alacrity might have ensured its existence.

Further, that in light of the existence of the statutory remedy for unfair dismissal, parties to an employment contract are presumed to have intended that remedy would apply to claims within the Johnson exclusion area precluding the common law remedy for breach of contract.