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repudiation of employment contract

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read May 7, 2021

Can you rely on a clause that you breached?

As my contracts professor used to say, “you can’t suck and blow at the same time”. What he meant was that you cannot seek to enforce some parts of a contract while simultaneously breaching others. That is what happened to Rand A Technology Corporation in a recent case: they breached the termination clause in the employment contract by paying less than they were required to but, when the employee complained, they tried to rely on that same termination clause to limit their liability. They lost.

Article by Rudner Law, Employment / HR Law & Mediation / Payroll / breach of termination clause, employment contract, employment law, repudiation of employment contract, termination, Termination clause

By Cristina Lavecchia | < 1 Minutes Read July 28, 2016

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee who was told to, “Get out!” constituted constructive dismissal; a case that addresses the question of whether an employer can restructure the workplace in good faith without constructively dismissing an employee; and a case that looks at whether federally-regulated employees can be terminated without cause.

Article by Cristina Lavecchia / Employee Relations, Employment Standards, Union Relations / Canada labour Code, constructive dismissal, damages in lieu of reasonable notice, employment contract, employment law, employment relationship, Employment termination, federally regulated employers, Potter Test, reasonable notice, repudiation of employment contract, termination of employment, workplace restructuring

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read September 27, 2012

Most-viewed articles this week on HRinfodesk

The three most viewed articles in this week's HRinfodesk newsletter deal with the new EI benefit for parents with critically ill children, constructive dismissal and benefits for workers who work past 65 years of age…

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Payroll, Union Relations / balance work and family responsibilities, Canada labour Code, collective agreement, constructive dismissal, contract of employment, EI, EI benefit, EI parental benefits, employee benefits, Employer provided benefits, Employment Insurance Act, employment law, Federal Income Support, Helping Families in Need Act, HRinfodesk, Income Tax Act, repudiation of employment contract, repudiation of the employment relationship, sickness benefits

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