Demand
the termination of all contracts under the Ghana School Feeding programme by the end of this term.
It is extremely likely that, in the absence of an express term setting out the legal rights and obligations of employer and employee (a factor considered in Four Seasons Healthcare Ltd v Maughan [2005] IRLR 324, [2005] All ER (D) 24 (Jan) in relation to suspension without pay prior to conviction) an employee's unavailability for work would lead to automatic
termination of the contract under the doctrine of frustration.
Not exact matches
Sporting have signalled their intent to cash in on Carvalho with a new
contract increasing his buyout clause to # 35m, which they announced on Sporting's official website with this report: «
Under the terms and for the purposes
of compliance with the reporting requirements stemming from Article 248, paragraph 1 al. a)
of the Securities Code, the Board
of Directors
of Sporting Clube de Portugal — Futebol, SAD announces that the athlete William Carvalho Silva extended his
contract with Sporting Clube de Portugal — Futebol SAD until the season 2019/2020, settling the
termination clause in $ 45,000,000.00 (forty - five million euros).»
A statement on Sporting's website read: «
Under the terms and for the purposes
of compliance with the reporting requirements stemming from Article 248, paragraph 1 al. a)
of the Securities Code, the Board
of Directors
of Sporting Clube de Portugal - Futebol, SAD announces that the athlete William Carvalho Silva extended his
contract with Sporting Clube de Portugal - Futebol SAD until the season 2019/2020, settling the
termination clause in $ 45,000,000.00 (forty - five million euros).»
The Minister
of Roads and Highways, Alhaji Inusah Fuseini, has warned
under - performing cocoa road contractors to speed up work or risk the
termination of their
contracts.
Chapter 11, Subchapters A, C, D School District Governance, Powers and Duties), and E, (Superintendents and Principals), except that a district may be exempt from the TEC, Section 11.1511 (b)(5)(requirement for board
of trustees to adopt policy establishing district - and - campus - level planning and decision - making process required
under TEC Section 11.251) and (14)(requirement for board
of trustees to make decisions regarding
termination and nonrenewal
of contract employees) and Section 11.162 (School Uniforms);
(b) The offeror understands that any inaccurate data provided to the Department
of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and / or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. 3801 - 3812 and 49 CFR Part 31 and / or; (3)
termination for default
under any
contract resulting from its offer and / or; (4) debarment or suspension.
(ii) Terminate the repair
of any part or all
of the vessel (s)
under the
Termination for Convenience
of the Government clause
of this
contract.
On the date
of the
termination of a
contract or agreement
under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government
under the
contract or agreement to the Secretary
of the Interior to provide continued transportation services in accordance with applicable law.
Hi, I learnt my lesson with Xibris who is
under the wing
of Penguin House they were over the top with praises but got nothing right they didn't follow any
of my instructions for my artwork or cover the did nt edit my manuscript as I paid $ 3500 for and received delay after delay after 8 months which they promised 6 weeks and my book would be in my hand and on shelves, I pulled the plug and cancelled payments through my bank and received all my money back I sent all 9 consultants emails on my
termination of our
contract due to their unprofessional ism and prying on new authors Plus I sent 9 written
termination letters as stated in their
contract I now have learnt research every publisher outlet in legitimacy saves on the heartache
You and Velocity Micro agree that any claim, dispute, or controversy, whether in
contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating to this Agreement, its interpretation, or the breach,
termination, or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION
under its Code
of Procedure then in effect.
Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND Mulcoy Travel, its respective agents, employees, principals, successors, assigns, or affiliates arising from or relating to these terms and conditions, interpretation thereof, or the breach,
termination or validity thereof, the relationships which result from the tour (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these terms and conditions), Mulcoy Travel's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA)
under its Code
of Procedure then in effect.
He has successfully tried cases to verdict in the following area: Attempted Murder; Terrorist Threats; Residential Burglary, Assault with A Deadly Weapon; Domestic Violence; Assault; Larceny; Driving
Under the Influence; Breach
of Contract; Wrongful
Termination; Fraud; Professional Negligence; Breach
of Fiduciary Duty and Personal Injury.
Parties
contracting under Chinese law can include a negotiated
termination clause, and / or be permitted to terminate on breach
of a «main obligation»
of the
contract which is not rectified within a reasonable time.
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.
It is defending Royal Bank
of Canada Trust Company (Jersey) in litigation brought by two individuals relating to royalties arising out
of a feature film; and is representing Manchester Airport in a claim against Ten Group
under a guarantee arising out
of the
termination of an advertising
contract with Airport Advertising UK.
At trial, the plaintiff sought pay in lieu
of common law «reasonable notice» and argued that his written
contract was unenforceable for two reasons: the
contract allowed for
termination without notice in case
of «continuing incapacity considered permanent» (based on legislation that was later amended) and allowed for
termination on only 15 days» notice even though his service at the time entitled him to much more than 15 days» notice
under the ESA.
(a) the replacement
contract shall be deemed to provide that any person who was insured
under the other
contract at the time
of its
termination is insured
under the replacement
contract from and after the
termination of the other
contract if,
(i) the insurance on that person
under the other
contract terminated by reason only
of the
termination of the other
contract, and
(3) Where a
contract of group accident and sickness insurance, in this section called the «replacement
contract», is entered into within 31 days
of the
termination of another
contract of group accident and sickness insurance, in this section called the «other
contract», and insures the same group or a part
of the group insured
under the other
contract,
Pre-Oudin there was an accepted «rule book» about required language for employees to
contract out
of their entitlement to common law notice
of termination of employment — and to restrict themselves to statutory minimums
under the Employment Standards Act, 2000 — without offending the ESA.
«regular wages» means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, personal emergency leave pay,
termination pay, severance pay and
termination of assignment pay and entitlements
under a provision
of an employee's
contract of employment that
under subsection 5 (2) prevail over Part VIII, Part X, Part XI, section 49.7, section 50, Part XV or section 74.10.1; («salaire normal»)
Any employer has not met those standards
of termination, or has acted in a way that violates one
of these exceptions, can be sued for wrongful
termination, even if the employee worked
under an at - will employment
contract.
Does the
contract stipulate the period
of notice or compensation in lieu
of notice that must be provided at the time
of termination and, if so, does the
termination clause meet the minimum requirements prescribed
under Ontario's Employment Standards Act?
Joint Ventures: examples
of some
of the cases in which we have recently acted include: a dispute between joint venturers about undistributed profits in a JV vehicle upon the operation
of a Change
of Control clause; a claim on a business sale guarantee arising from the
termination of a joint venture; and Tethyan Copper Company Pty v Government
of Balochistan (ICC Case No. 18347 / VRO / AGF), a dispute
under a joint venture
contract in relation to the refusal
of a mining licence over copper and gold deposits at Reko Diq, Pakistan.
Defending a Latin American country in an ICSID (Additional Facility) investor - State arbitration brought
under a bilateral investment treaty, related to export taxes and the
termination of a concession
contract (Anglo - American PLC).
The Court also rejected the contractor's claim that the municipality could not collect liquidated damages because it was at least partially at fault for the delays in completing the project, clarifying that, if a
contract provides for an extension
of the
contract's
termination date, due to delays not caused by the contractor, then collection
of liquidated damages is not strictly abrogated
under Connecticut law.
However, employers need to carefully consider whether and how fixed - term
contracts may be renewed pursuant to the
contract so that
termination clauses always provide the minimum
termination entitlements
under the ESA, regardless
of when the
contract may be terminated during the life
of the
contract, including during any renewal
of the term as permitted by the
contract.
At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims
under NHS
contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the
termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.
Many in the employer community were surprised by three recent cases (here, here and here) in which the Ontario courts struck down
termination clauses in employment
contracts for the failure to specifically reference the continuation
of benefits through the statutory notice period
under the Employment Standards Act, 2000 (the «ESA «-RRB-.
Under the ESA, an employee is entitled to both
termination pay and severance pay, if she or he otherwise qualifies, where the
contract of employment is frustrated due to an illness or injury, but not if the
contract comes to end as a result
of the death
of the employee.
San Francisco's employment group has tried and arbitrated a wide variety
of disputes
under state and federal employment law, including claims for wrongful
termination, discrimination, wage and hour, ERISA, sexual harassment, defamation, breach
of contract and other related claims.
Robert advises private and public sector employers in labour relations and employment law matters generally, including employee
terminations, structuring severance packages, interest arbitrations
under the Hospital Labour Disputes Arbitration Act, employment
contracts, human rights matter, and the treatment
of employees in corporate transactions.
Each
of the five employment
contracts contained a contractual clause that intended to replace the Employee's right to common law notice upon
termination, with the statutory minimums,
under Ontario's employment standards legislation, the Employment Standards Act, 2000, S.O. 2000, c. 41 (the «ESA»).
In our latest review
of the court decisions
of most interest to construction Andrew Croft and Simii Sivapalan look at one that highlights the danger
of conflicting and complicated drafting in
contracts; and another that confirms the need to serve a pay less notice
under the HGCRA 1996 applies to final or
termination accounts as well as to interim payments.
Parties bound by a similar contractual clause to that highlighted by Artpower should ensure that either the
contract provides explicitly for automatic
termination at the expiry
of the remedy period, or that they take a positive step at the end
of the period to inform the breaching party that the
contract has been terminated — failing which they may still be obligated
under it.
As a result, when Asphalte Desjardins terminated the employee during the notice period, it unilaterally terminated the employment
contract without giving sufficient notice
of termination, thereby defaulting on its obligation
under article 2091 and triggering ss.
«This means that even after one
of the parties to a
contract of employment for an indeterminate term gives the other party notice
of termination, both parties must continue to perform their obligations
under the
contract until the notice period expires.
This includes charges before the EEOC and state fair employment practice agencies; wrongful
termination, discharge, employment discrimination, wage / hour, wrongful discharge and breach
of contract claims in federal and state courts; prosecuting and defending claims for enforcement
of non-competition agreements and trade secret rights; and arbitrations
under employment and collective bargaining agreements.
Any provision
of article 11, article 29 or Part II
of this Convention that allows a
contract of sale or its modification or
termination by agreement or any offer, acceptance or other indication
of intention to be made in any form other than in writing does not apply where any party has his place
of business in a
Contracting State which has made a declaration
under article 96
of this Convention.
Because the respondent disclosed his criminal record to the appellant right at the beginning, before signing the ICA and before commencing the project with Canadian Tire, and complied with all the requirements
of the security check, the appellant's reliance on the criminal record to terminate the
contract one month later was not a good faith exercise
of its rights
under the
termination clause
of the ICA.
Neither party shall be liable to the other for any failure to perform any obligation
under any Agreement which is due to an event beyond the control
of such party including but not limited to any Act
of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act
of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside
of our control, which causes the
termination of an agreement or
contract entered into, nor which could have been reasonably foreseen.
Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes
of action for breach
of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees
under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes
of action except the breach
of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman»
of the brokerage firm after her
termination, such as would entitle her to wages or a commission; conversion cause
of action fails as salesperson must have exercised ownership, possession or control
of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach
of contract