Sentences with phrase «in breach of the employment contract»

I can not say that her failure to report the unwelcome conduct of Mr. Comeau was in breach of the employment contract or should act to nullify or reduce the veracity of her claim in any way.

The latter constitutes a wrongful dismissal, that is, a termination in breach of the employment contract.

There is one potential exemption to this where a PILON is not contractual but it is paid in order to avoid a wrongful dismissal, that is a dismissal in breach of the employment contract by not providing the employee with the right, or any, notice.

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.

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.»

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...»

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.

[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.

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.

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 revieIn 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 reviein 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.

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

«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.

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.

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 matterIn 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 matterin 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.

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.

She has successfully represented clients in connection with claims ranging from breach of commercial and real estate contracts and breaches of fiduciary duty to securities violations; libel and defamation; trademark and copyright infringement; and breaches of employment, non-compete, and non-solicitation agreement.

Ms Reilly was suspended and later summoned to a disciplinary meeting to answer an allegation that, in having failed to disclose her relationship with a man convicted of sexual offences towards children, she had committed a serious breach of an implied term in her contract of employment, which amounted to gross misconduct.

We routinely represent religious clients in matters involving: the First Amendment, ownership and use of church property, detinue, conversion, fraud and misrepresentation, sexual misconduct, negligence, negligent hiring, negligent retention, negligent supervision, intentional and negligent emotional distress, employment based discrimination and harassment and breach of contract.

She represents clients in a wide range of matters including, obtaining traditional and administrative writs in mobile home park conversions, and litigation involving construction defects, breach of contracts and employment wage class actions.

She has successfully handled appeals in a wide variety of substantive areas, including employment, banking, class action, product liability, breach of contract, tort and insurance matters.

This occurs where the employer has materially breached the employee's contract of employment in such a way that the employee is entitled to resign and treat themselves as having been dismissed.

Sophie is regularly instructed in relation to issues arising out of the termination of employment, including bonus disputes, breach of contract, unfair dismissal and redundancy.

She has extensive experience representing businesses, executives and other high - level professionals on a full range of employment - related issues, including recruitment, hiring, discrimination, negotiation of employment agreements, breach of contract, non-competes, discipline, termination, and reductions in force.

After affirming the trial judge's decision that Mr. Allen was actually terminated on October 14, 2009, the Court of Appeal for British Columbia cited with approval the decision of Bowes v. Goss Power Products Ltd., 2012 ONCA 425, (canvassed by this blog in the post Fix the Duty to Mitigate) in which the Court of Appeal for Ontario held that if an employment contract provides for a fixed severance package there is no duty on the employee to mitigate his damages, and held that as Mr. Allen's employment agreement did not impose a duty to mitigate, the trial judge properly found he was therefore entitled to the balance owing for 15 months» salary and benefits in lieu of notice as damages for breach of contract.

Paul is experienced in all areas of employment law including unfair dismissal, discrimination in the workplace and breach of contract.

Participated in the defense of a corporate employer against a physician's $ 2 million breach of employment contract claim

You must be able to show that your employer acted in breach of your contract of employment, and you resigned because of that breach.

Amy was junior counsel in Ranson v Customer Systems plc [2012] EWCA Civ 841 (an employment dispute before the Court of Appeal regarding a claim for breach of contract, fiduciary duty and restrictive covenant).

● In addition to the «safety angle», employees are now considering claiming that the employer's actions, resulting in psychological injury, have breached the implied term in their employment contracts of mutual trust and confidencIn addition to the «safety angle», employees are now considering claiming that the employer's actions, resulting in psychological injury, have breached the implied term in their employment contracts of mutual trust and confidencin psychological injury, have breached the implied term in their employment contracts of mutual trust and confidencin their employment contracts of mutual trust and confidence.

The claimant brought a personal injury claim alleging that his employer had breached its duty of care towards him and / or had breached his employment contract which had caused his illness (depression) in its handling of a claim of sexual harassment against him.

She advises clients both proactively and reactively on employment best practices, and also serves as defense counsel in cases involving harassment, discrimination, breach of contract, wage and hour, and unfair business practices.

In civil litigation matters, Mr. Cloherty regularly represents companies, executives and professionals in complex business disputes, including breaches of contracts, breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issueIn civil litigation matters, Mr. Cloherty regularly represents companies, executives and professionals in complex business disputes, including breaches of contracts, breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issuein complex business disputes, including breaches of contracts, breaches of fiduciary duties, shareholder disputes, trade secrets theft, non-competition agreements, wage and hour disputes, and other employment issues.

Mr. Malitz has also represented his clients in cases involving owner - operators, cargo claims, criminal charges, coverage issues, breach of contract, commercial disputes, employment matters, products liability issues, hauling of hazardous materials, weight violations and workers» compensation.

Michael J. Kuhn concentrates on complex civil litigation in both federal and state courts, with particular emphases in breach of contract, employment and tort claims.

Julie focuses on employment litigation, and regularly defends employers in judicial, arbitration, and administrative proceedings involving claims for discrimination, harassment, wrongful termination, retaliation (including Sarbanes - Oxley whistleblower claims), defamation, invasion of privacy, violation of federal and state leave laws, and breach of contract.