Constructive Dismissal definition

Constructive Dismissal means, unless consented to by the Participant, any action that constitutes constructive dismissal of the Participant, including without limiting the generality of the foregoing:
Constructive Dismissal means a material change, as determined on a case by case basis after the occurrence of a Change of Control and having regard for, among other things, the duties and responsibilities of, and compensation payable to, the Participant both prior and subsequent to the Change of Control, in the terms and conditions of the Participant's employment by the Corporation (or a Subsidiary, as applicable) which is adverse to the Participant's interests and is not agreed to by the Participant and which results in the Participant's constructive dismissal as determined by the common law;
Constructive Dismissal means the resignation of the Employee as a result of any of the following actions by the Company:

Examples of Constructive Dismissal in a sentence

  • Individual actions taken by an employer which do not in themselves constitute fundamental breaches of any contractual term may have the cumulative effect of undermining trust & confidence, thereby entitling the employee to resign and claim Constructive Dismissal.

  • Should Mr. Kassam’s employment be terminated due to Constructive Dismissal or a Change of Control (as each of those terms are defined in the employment agreement), in addition to the amounts payable, the Corporation shall also pay to him bonus remuneration based on 100% of the bonus remuneration paid in the year prior to the year in which such termination occurred.

  • As discussions were not ultimately successful the JIB revoked this Order through Parliament.Rather than lose this area of expertise however, the JIB, under its procedures, decided to still hear ‘ordinary’ Unfair Dismissal claims eg Redundancy, Conduct, Capability, Some Other Substantial Reason or Constructive Dismissal through its procedures.

  • J.D. Schiller & C.G.M. Gibson, "Constructive Dismissal and Wrongful Resignation" (1989) 47 Advocate 865 at 869-870.

  • Should Mr. Caldaroni’s employment be terminated due to Constructive Dismissal or a Change of Control (as each of those terms are defined in the employment agreement), in addition to the amounts payable, the Corporation shall also pay to him bonus remuneration based on 100% of the bonus remuneration paid in the year prior to the year in which such termination occurred.


More Definitions of Constructive Dismissal

Constructive Dismissal means the occurrence of any one or more of the following events:
Constructive Dismissal means a diminishing of the status or responsibility of the Executive in the Corporation or the Executive being effectively prevented from carrying out her duties and responsibilities in a manner appropriate with that of an executive of the Corporation;
Constructive Dismissal means, unless consented to by the Executive, any action that constitutes constructive dismissal of the Executive, including without limiting the generality of the foregoing:
Constructive Dismissal means a unilateral change by the Corporation, without the Executive's consent, of a fundamental term or condition of the Executive's employment including:
Constructive Dismissal means, unless consented to by Employee in writing, any of the following actions by the Company:
Constructive Dismissal means, unless expressly consented to in writing by the Executive, any action that constitutes constructive dismissal (as defined at common law) of the Executive, including without limiting the generality of the foregoing;
Constructive Dismissal means unless consented to in writing by the Named Executive Officer, any action which constitutes constructive dismissal of the Named Executive Officer including, without limiting the generality of the foregoing: (i) a material decrease in the title, position, responsibilities, powers or reporting relationships of the Named Executive Officer; (ii) a reduction in the Annual Salary (excluding the Annual Bonus) of the Named Executive Officer, except where all senior executives of Obsidian Energy are subject to relatively similar reductions in their annual salary; (iii) a requirement to relocate to another city; or (iv) any other material reduction in the value of the Named Executive Officer’s Annual Compensation, benefits, plans and programs (excluding the Annual Bonus, Award Plan, Stock Option Plan and any other long term incentive arrangements put into place by the Corporation), except where all senior executives of Obsidian Energy are subject to relatively similar reductions in such value that is unrelated to a Change of Control.