Sentences with phrase «of a contract of employment»

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

To the extent that there are limitations, the question may arise as to whether they were brought to the attention of the affected employees, and formed part of their contract of employment.

Your employer's behaviour must be so bad that you can assume that he or she no longer recognises the existence of the contract of employment between you.

The headteacher was suspended, then dismissed: her failure to disclose was found to be a serious breach of an implied term of her contract of employment amounting to gross misconduct.

On learning of the conviction and friendship, the local authority held a disciplinary hearing where it was decided that Reilly had committed a serious breach of an implied term of her contract of employment amounting to gross misconduct.

[2] On being asked to determine whether that provision applied in the context of the closure of the Jonquière establishment, arbitrator Jean ‑ Guy Ménard concluded that the resiliation of the contracts of employment of all the employees of that establishment constituted a prohibited unilateral change.

The 2010 regulations had yet to come into effect and would have widened one of the conditions where an employee could have requested variation of their contract of employment.

The case involves the indefinite suspension of an employee with pay in the context of negotiations for a buyout of his contract of employment.

It would be anomalous, to say the least, to use the legislated right of a pregnant worker to withdraw from an unsafe workplace to conclude that her withdrawal negates the formation of the contract of employment.»

Meanwhile, Dentons claims that Advani acted outside of the contract of her employment with the firm.

As an employer, you are likely to be familiar with clauses setting out the «normal retiring age» for employees and many of the contracts of employment of your own employees no doubt contain such clauses.

She mentioned and criticized the CLP's conclusion that D could not be treated as a «worker» because her inability to go to the workplace frustrated the creation of a contract of employment:

The employer is not required to completely alter the essence of the contract of employment, and is not required to provide «make work» or «to create a job that is not productive or that, in the employer's view, does not need to be done.»

All the bank could conclude is that the BCPIO was a designated body requesting information in an ongoing investigation of a contract of employment breach thus applying the exemption.

The standards, which form Part III of the Canada Labour Code, cover hours of work, minimum wages, statutory holidays and annual vacations, statutory leaves (maternity, parental, compassionate care, bereavement and sick leave) and the termination of contracts of employment.

The question whether and when an element of a contract of employment may be considered a «sham» has tended to revolve around «delegation» or «substitution» clauses put in by the employer in an attempt to rule out employment status but never actually used in practice.

An application form which you have signed to confirm that the contents are true is, however, a legal document and forms part of your contract of employment if you are recruited».

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.

[33] In [Hill v. Peter Gorman Ltd., 1957 CanLII 393 (ON CA)-RSB-, Mackay J.A. identifies three options that are available to an employee when an employer attempts a unilateral amendment to a fundamental term of a contract of employment.

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...»

«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 judge found that two of the employees were lawfully dismissed as they had acted in repudiatory breach of both the express terms of their contracts of employment and their implied duties of fidelity as employees.

However, on the evidence, this aspiration did not form part of the contract of employment or the employer's purpose in hiring Ms. Cabott.

Hawkins v Atex Group Limited Acting for the former CEO of a digital media company on both an unfair prejudice petition and claims against him for breach of fiduciary duty and breach of his contract of employment (with David Chivers QC).

Some decisions, such as Sheppard v. Sobeys Inc., 12 found that workplace harassment constitutes a breach of a fundamental implied term of the contract of employment.

By laying off Mr. Bevilacqua, the employer had substantially changed the terms of the contract of employment, resulting in a constructive dismissal, even if the employer did not mean to repudiate the contract.

The Court stated that if in the absence of any written term to the contrary, effect should be given this implied term of the contract of employment.

Copies of the journals were provided to the defendant newspaper publisher (the newspaper) by an employee of the claimant in breach of her contract of employment.

Represented one of (then) Big 5 accountancy practices in successfully defending 6 of its newly recruited partners against a suit for breach of contract of employment / partnership, unlawful interference with contracts of staff and clients, and breach of confidence when they left another Big 5 practice.

Entitlement to some payment of wages during work absences caused by injury or illness (not work - related) was simply a term of the contract of employment.