Constructive Dismissal Sample Clauses

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. 1. If Employee is demoted from the position of Chief Communication Officer (which title may be changed) without his consent. 2. If Employee's duties are materially reduced or the level of his job responsibilities is materially reduced without his consent. 3. If Employee's base salary is reduced.

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 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 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 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 in an amount equal to the total of (i) his then current Salary pursuant to section 0 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 0 hereof. The Employee shall be entitled to no further compensation of any nature whatsoever.

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. In the twelve (12) months following the change of control if the Company terminates the Employee without Cause or creates conditions amounting to a “Constructive Dismissal,” the Company will pay twelve (12) months of base salary severance and six (6) months of employer contribution for premiums incurred under the Consolidation Omnibus Reconciliation Act (COBRA) in consideration for a release of claims. “Constructive Dismissal” is defined as Company: _____ Employee: _____ (i) material diminution of base salary, authority, duties or responsibilities not withstanding a change in reporting relationship (ii) requiring principal office relocation of greater than eighty (80) miles; (iii) failure to provide equivalent target incentive opportunity or comparable employee benefits (unless in connection with broad organizational changes); or (iv) action or inaction by the Company that constitutes a material breach under any agreement.

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; (b) for purposes of the present Agreement, Material Breach means:

Constructive Dismissal. This Agreement shall immediately terminate, at the option of the Employee, if: A. The Employee’s title or responsibilities are reduced in any material manner unless otherwise agreed to by the Employee, however, non-election to the Board of Directors of the Corporation will not constitute a reduction or material change in the title or responsibilities of the Employee; B. The Employee’s salary is reduced in any material manner, unless such reduction is in accordance with a general reduction of executive salaries implemented by the Corporation in conjunction with a financial restructuring by the Corporation; C. If the Employee’s participation in the Corporation’s employee benefit programs is terminated or reduced in any material manner unless such programs are terminated or reduced for all of the Corporation’s employees in which case the Employee shall be entitled, upon electing to terminate his employment, to: D. Be paid a lump sum severance in an amount equal to: eighteen months Annual Salary; plus one-and-a-half times annualized bonus under the Employee’s bonus plan in effect at the date of termination, calculated as the average of the bonus that would have been received had target performance been achieved, and the actual bonus achieved for the previous year ; E. Have all unvested Stock Options vest immediately and to have all vested but unexercised Stock Options be exercisable by the Employee within 180 days of the date of the Employee’s election to terminate his employment after which time all unexercised Stock Options will expire; F. Be paid all Annual Salary accrued to the date of termination plus a bonus, under the Employee’s bonus plan in effect at the date of termination, pro rated for the portion of the year prior to the date of termination, calculated as the average of the bonus that would have been received had target performance been achieved, and the actual bonus achieved for the previous year; and G. Reimbursement of his and his family’s reasonable relocation expenses back to a location of his choosing in the continental United States. In the event the Employee does not elect to terminate his employment within 180 days of the first event constituting a Constructive Dismissal, the Employee shall be deemed to have elected to continue his employment on the new terms first giving rise to the Constructive Dismissal and shall no longer be entitled to payment of the amounts set out above unless a new event constituting Constructive Dismissal arises ...