Constructive Dismissal. A constructive dismissal occurs when an employer directly or indirectly pressures an employee to resign. Examples of a constructive dismissal include where an employee resigns because: the employee is told to resign or else they will be dismissed the employer has made working conditions for the employee intolerable the employer has embarked on a course of conduct deliberately aimed at making the employee resign (e.g., bullying the employee) there has been a breach of the employment agreement by the employer, or the employer has breached the duty of fair and reasonable treatment, such that the employee feels that they cannot remain in the job If an employee has been subjected to a constructive dismissal, the employee may have an actionable personal grievance (discussed below).
Constructive Dismissal. If one of the following events occur during Employee's employment, then Employee may resign his ASC employment as being constructively dismissed and receive payment of one year's salary.
Constructive Dismissal. In the event the Board changes the Employee's responsibilities or authority in a fundamental way and such change is not accepted by the Employee, the Employee will be deemed to be terminated and will be entitled to receive the severance payment set out in subsection 4.4(a).
Constructive Dismissal. In the event the Company alters the Employee's remuneration, reporting relationship, or responsibilities to the extent that the Employee has been constructively dismissed, the Employer shall make all the payments and provide the benefits specified in Section 4(c) hereof, from and immediately after the date of such constructive dismissal.
Constructive Dismissal. If at any time during the term of this Agreement there is an event of Constructive Dismissal (as defined below) with respect to the Employee, the Employee shall have the option to terminate this Agreement, in writing, within three months after the events giving rise to the Constructive Dismissal occur, and in such case, shall resign from all offices and directorships held in the Company or any associate or affiliate company. In the event the Employee elects to terminate this Agreement under this paragraph, the employee shall receive a lump sum payment of two years of the then current compensation as set out in Section 4(a) and 4(b) and the Employee shall execute a mutual release to be effective upon receipt of the lump sum payment to the Employee.
Constructive Dismissal. In the event of termination of the Employee based on "constructive dismissal", the Employee shall be entitled to elect within 60 days of the happening of such event by notice in writing to the Board to treat this Agreement at an end in which event the Employee shall be entitled to receive by way of a termination allowance an amount equal to the total of (i) his then current Salary pursuant to section 4 hereof pro rated to the end of such 60 day notice period and any accrued but unpaid vacation pay, and (ii) an aggregate of six months of his then current Salary, payable in six equal installments once a month, on the last business day of such month, for six months. Such payments will be subject to statutory deductions and withholdings. In addition, the Employee shall be entitled to, for six months following the end of the 60 day notice period, to the extent they can be made available, the Regular Benefits pursuant to section 4 hereof. The Employee shall be entitled to no further compensation of any nature whatsoever.
Constructive Dismissal. In the event that (i) the Employer materially alters the Employee's remuneration, title, reporting relationship or responsibilities without the consent of the Employee or (ii) the parties are unable to agree on a Basic Salary on or after the fifth anniversary date of the Effective Date and the Employee has acted in good faith in such negotiations (collectively, a "Constructive Dismissal"), the Employer shall make all the payments and provide the benefits specified in Section 7(d) hereof, from and after the date of the Constructive Dismissal.
Constructive Dismissal. This Agreement shall immediately terminate, at the option of the Employee, if:
Constructive Dismissal. If there is a change (other than a change that is clearly consistent with a promotion) in your position, duties, title or level of responsibility within the Group without your consent or a reduction in your compensation, benefits or any other form of remuneration under this Agreement without your consent, you may terminate your employment immediately by providing written notice to the Boards of Xxxxx.xxx Canada and Xxxxx.xxx, within a reasonable amount of time of the change, specifying that you believe you have been constructively dismissed. If you terminate your employment pursuant to this subsection, then you will be entitled to the Severance Amount.
Constructive Dismissal. (a) If at any time during the term of this Agreement there occurs a Material Breach by the Company, which Material Breach has not been remedied in all material aspect at any time within thirty (30) days after the Executive gives written notice thereof, and after the expiry of such thirty (30) day period and provided the Material Breach in question continues unremedied, the Executive shall have the right to terminate his employment with the Company within sixty (60) days after the occurrence of the Material Breach. Any such termination by the Executive shall not, for the purposes of this Agreement, be considered a voluntary termination of employment by the Executive, but instead shall entitle the Executive to the same severance payment and other rights set forth in Article 11.4 above;
