Sentences with phrase «fundamental breach of the employment contract»
Constructive dismissal occurs when you are forced to resign from your employment due to a fundamental breach of the employment contract by your employer.
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The trial judge found that although there had been some diminishment of the plaintiff's responsibilities in that he no longer directly supervised any employees or had responsibility for an operations budget, the diminishment was not enough to constitute a fundamental breach of his employment contract.
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.
«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.
If an employer attempts to temporarily lay - off an employee without proper contractual authorization or consent, then the fundamental conditions and terms of the employment contract may be considered to have been altered and the contract breached.
Other decisions, such as the Ontario Court of Appeal's decision in Shah v. Xerox Canada Ltd., 13 found that it was not necessary to find a fundamental term of the employment contract had been breached in order to find that a constructive dismissal had occurred.
The determination of whether an employee who has been instructed by her employer to transfer to another geographic location is a fundamental breach of the employee's employment contract depends on a number of factors including the specifics of any proposed geographic transfer and whether the employee's employment contract contains an express or implied term of employment that allows the employee's to be transferred.