Nevertheless, the employer was ordered to pay the employee his statutory notice and severance pay pursuant to the ESA because his misconduct did not rise to the level «
of wilful misconduct, disobedience or wilful neglect of duty that is not trivial» required by the ESA to terminate his employment for cause.
Major Products Inc. shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result
of any wilful misconduct or from negligence on the part of Products.
Not exact matches
IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS
OF ANY PURCHASER OR EXCLUDE INJURY ARISING FROM ANY
WILFUL MISCONDUCT OR FRAUD
OF THE CRYPTYK INC..
The cardholder agrees that s / he will defend and indemnify the Priority Pass group
of companies, its directors, officers, employees and agents (collectively «the indemnified parties») against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death
of any person or damage to, or destruction
of, any property arising from the use
of any lounge by the cardholder or any other person accompanying the cardholder, except that such indemnification shall not extend to acts
of gross negligence or
wilful misconduct by the indemnified parties.
Emirates Business Rewards reserves the right to disqualify a Member from further participation in the Emirates Business Rewards programme, to cancel all previously accumulated Business Rewards Points and to seek compensation for the utilisation
of products and / or services purchased with Points if, in Emirates» sole judgement, the Programme Administrator (s), Traveller (s) or any other person (s) using a product and / or service purchased with Points, has engaged in
wilful misconduct or breached any
of the rules governing the Emirates Business Rewards programme, including, but not limited to the fraudulent acquisition, sale or abuse
of Points or acquisition, sale or abuse
of redemption benefits.
TO THE EXTENT PERMITTED BY LAW, EMIRATES EXCLUDES ALL LIABILITY TO ANY MEMBER OR OTHER ENTITY OR PERSON
OF WHATSOEVER NATURE IN RESPECT
OF ANY NEGLIGENCE,
WILFUL MISCONDUCT, POOR SERVICE OR OTHER BREACH
OF OBLIGATION OUT
OF THE PROVISION OR FAILURE TO PROVIDE THE SERVICES BY OR ON BEHALF
OF A SUPPLIER OR PARTNER ARISING OUT
OF THAT LEGAL RELATIONSHIP WITH THE SUPPLIER OR PARTNER.
Insurance companies waive right
of subrogation against lawyers (except for the lawyer's gross negligence or
wilful misconduct).
The Ontario Court
of Appeal described the circumstances when an employee may be terminated for just cause in its seminal decision Port Arthur Shipbuilding Co. 1 finding that an employee may be terminated for cause if he or she is «guilty
of serious
misconduct, habitual neglect
of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer's business, or if he has been guilty
of wilful disobedience to the employer's orders in a matter
of substance.»
The Ontario Court
of Appeal has held that an employer many terminate an employee's employment for cause if the employee is «guilty
of serious
misconduct, habitual neglect
of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer's business, or if he has been guilty
of wilful disobedience to the employer's orders in a matter
of substance.»
In a case demonstrating the challenges
of addressing aboriginal representation on Ontario juries, the Ontario Superior Court has rejected an application to have a sheriff found guilty
of fraud, partiality or
wilful misconduct over the lack
of First Nations members on the panel.
The General Assembly shall prescribe a procedure, in addition to impeachment and address set forth in this Section, for the removal
of a Justice or Judge
of the General Court
of Justice for mental or physical incapacity interfering with the performance
of his duties which is, or is likely to become, permanent, and for the censure and removal
of a Justice or Judge
of the General Court
of Justice for
wilful misconduct in office,
wilful and persistent failure to perform his duties, habitual intemperance, conviction
of a crime involving moral turpitude, or conduct prejudicial to the administration
of justice that brings the judicial office into disrepute.
The indemnity granted under section 5.1 shall not cover The Money Advice Service to the extent that a Claim results from the negligence,
wilful default or
wilful misconduct of The Money Advice Service.
(14) Imposing, and authorising a Protector to inflict summary punishment by way
of imprisonment, not exceeding fourteen days, upon aboriginals or half - castes, living upon a reserve or within the District under his charge, who, in the judgment
of the Protector, are guilty
of any crime, serious
misconduct, neglect
of duty, gross insubordination, or
wilful breach
of the Regulations;