Sentences with phrase «in fundamental breach of contract»

Not exact matches

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.

It is increasingly common (as happened in this case) for breach of the implied term of trust and confidence to be alleged by an employee in constructive dismissal cases (as such a term is fundamental and goes to the root of the 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 trial judge in that case felt there was a fundamental breach but it went to the court of appeal and the court said no, because even with a litany of complaints the court couldn't find a substantial failure of consideration under the contract because the franchises still had the right to use the mark, the system and the brand,» she says.

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.

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.

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 Court acknowledged that there was some diminishment in Mr. Meyers» responsibilities, but found that the diminishment did not constitute a fundamental breach or repudiation of the contract.

Cohen could have argued that the repaired painting was not what he had agreed to buy and the failure of Wynn to deliver Le Rêve in its original condition was a breach of a fundamental term of the contract, giving Cohen the option of treating the contract as terminated by Wynn's breach.

(2) The buyer may declare the contract avoided in its entirety only if the failure to make delivery completely or in conformity with the contract amounts to a fundamental breach of the contract.

(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conjunction with notice given under article 39 or within a reasonable time thereafter.