Power of Dismissal Sample Clauses

Power of Dismissal. For violation of any provision of the Agreement, either party may terminate their relationship. XXXXX failed to show that ABSMCBN could terminate his services on grounds other than breach of contract, such as retrenchment to prevent losses as provided under labor laws.[23] During the life of the Agreement, ABSMCBN agreed to pay SONZAs talent fees as long as AGENT and Xxx Xxxxx shall faithfully and completely perform each condition of this Agreement.[24] Even if it suffered severe business losses, ABSMCBN could not retrench SONZA because ABSMCBN remained obligated to pay SONZAs talent fees during the life of the Agreement. This circumstance indicates an independent contractual relationship between SONZA and ABSMCBN. XXXXX admits that even after ABSMCBN ceased broadcasting his programs, ABSMCBN still paid him his talent fees. Plainly, ABSMCBN adhered to its undertaking in the Agreement to continue paying SONZAs talent fees during the remaining life of the Agreement even if ABSMCBN cancelled SONZAs programs through no fault of SONZA.[25] SONZA assails the Labor Arbiters interpretation of his rescission of the Agreement as an admission that he is not an employee of ABSMCBN. The Labor Arbiter stated that if it were true that complainant was really an employee, he would merely resign, instead. XXXXX did actually resign from ABSMCBN but he also, as president of MJMDC, rescinded the Agreement. XXXXXx letter clearly bears this out.[26] However, the manner by which XXXXX terminated his relationship with ABSMCBN is immaterial. Whether SONZA rescinded the Agreement or resigned from work does not determine his status as employee or independent contractor.
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Related to Power of Dismissal

  • Dismissal for Cause The following procedures shall apply in all cases of dismissal for cause:

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • FAIR DISMISSAL Dismissal or non-reemployment of teachers shall be done in conformance with current Oklahoma law pursuant to Teacher Due Process Act of 1990, OKLA. STAT.tit. 70, Section 6-101.20 et seq. For all continuing contract teachers, prior to the first Monday in June of each school year, the building principal or immediate supervisor shall make a written recommendation for any teacher that he/she recommends for non-reemployment. Additionally, the building principal or immediate supervisor will notify the teacher that a recommendation for non-reemployment is being made to the Superintendent. The teacher’s complete personnel file including all written evaluations and written responses shall be presented to the Board at the meeting in which the Board will consider renewal, non-renewal, or consider dismissal of the teacher's contract. Dismissal or non-renewal of probationary teacher shall be for cause and preceded by:

  • Notice of Dismissal or Suspension Notice of dismissal or suspension shall be in writing and shall set forth the reasons for dismissal or suspension, and a copy shall be sent to the President of the Union or his/her designate.

  • Instant Dismissal Nothing in clauses 10.2, 10.3, 10.4 or 10.5 prevents instant dismissal without notice in the case of serious misconduct.

  • DISCIPLINE, DISMISSAL AND RESIGNATION 23.01 Unsatisfactory conduct by an Employee which is considered by the Employer to be serious enough to be entered on the Employee’s record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Union within ten (10) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. A written warning that is grieved and determined to be unjustified shall be removed from the Employee’s record.

  • Appeal of Disciplinary Action If the Union is not satisfied with the response of the Town Supervisor, the Union may submit the matter to arbitration by filing a demand for arbitration with the New York State Public Employment Relations Board in accordance with its rules and regulations. The demand for arbitration must be filed within fourteen calendar days of receiving the response from the Town Board or when the response should have been received. The fees of the arbitrator shall be shared equally by the Town and the Union. The conduct of the arbitration shall be under the exclusive jurisdiction and control of the arbitrator which shall conform to applicable law. All decisions rendered by the arbitrator shall be final and binding upon all parties.

  • Early Dismissal DTU representatives and/or elective officers shall be permitted to leave the work location at 4:15 p.m., if assigned to administrative buildings, and at the time students are dismissed, if assigned to a school center, in order to attend DTU meetings. Those leaving to attend such meetings must advise the administrator in charge reasonably in advance of such meetings.

  • Re-employment After Voluntary Termination or Dismissal for Cause Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re-employment, according to regulations applying to new employees.

  • Dismissals A dismissed employee is one whose service is terminated for any reason other than transfer, resignation, lay-off (or work completed for temporary or term employees), voluntary retirement or death. 5 In the event the Company warns, demotes, suspends, or dismisses any employee, the Union may appeal such action pursuant to the provisions of Article 9 (Grievance Procedure) of this Agreement.

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