Sentences with phrase «fundamental breach of contract»

A term may also be implied that if the employee is unavailable to work in these circumstances then he is in fundamental breach of contract.

Coyne was suspended from his job as a Unite regional secretary six minutes after the ballot box was closed and later sacked for what the union described as a «fundamental breach of contract».

Constructive unfair and / or wrongful dismissal would be if the school's failure to protect the teacher from abuse amounts to a fundamental breach of contract and the teacher resigns in response.

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.

All that is required for a last straw resignation is that a series of incidents, whether or not previously affirmed, amounts to a fundamental breach of contract.

«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.

The case is unique says Jennifer Dolman, a commercial litigation partner with Osler Hoskin & Harcourt LLP, because the judge treated it as a fundamental breach of the contract.

Dolman says the leading case in Ontario is Shelanu Inc. v. Print Three Franchising Corp. but unlike the Dunkin' Donut case, the judge did not find there was a fundamental breach of contract.

In my view, even aside from the defendant's intentions, the changes made to the bonus targets were reasonable and did not constitute a fundamental breach of the contract.

To establish her dismissal, the claimant argued that the move amounted to a fundamental breach of contract and, in the alternative, that she was entitled to treat herself as dismissed pursuant to reg 4 (9) of TUPE.

For the purposes of reg 4 (9) it does not matter that the employer has not committed a fundamental breach of contract.

Overturning the decision of the Employment Tribunal, the Employment Appeal Tribunal has confirmed in the case of Logan v Celyn House Ltd that the principal reason for an employee's resignation does not need to be a fundamental breach of the contract of employment in order for an employee to succeed in a claim of unfair constructive dismissal.

Based on Wiens's evidence and testimony, she was able to show the court that they were not dealing with a temporary layoff implied in the contract but an indefinite layoff, which amounted to a fundamental breach of the contract.