Tag archives: employer’s liability

Mitigation Income and Wrongful Dismissal Damages – The Court of Appeal Muddies the Waters

The Wrongful Dismissal – What Happened? Esther Brake worked for McDonald’s for over twenty-five years, first in Cornerbrook, Newfoundland, and then as a restaurant manager in Ottawa. She had received nothing but excellent reviews for years, but in 2011 she was suddenly told her performance was inadequate and that she had two options: accept a … Continue reading

What French employers must do in case of heatwave?

Summer is coming and temperatures are rising and may become unbearable, especially for these employees working outdoors / performing manual labour. Too much warmth can affect employees and can cause exhaustion, headache, fainting, or dehydration. Therefore the impact on employees’ health can be significant. From a French employment law perspective, employers have a very general … Continue reading

Le devoir de vigilance : une obligation renforcée

L’obligation de vigilance est une obligation faite aux entreprises de prévenir les risques sociaux, environnementaux et de gouvernance lié à leurs activités. La loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, publiée le 28 mars 2017 au Journal Officiel, renforce l’obligation de vigilance. Le devoir … Continue reading

When an employer hides another employer

Dual employment is a sensitive subject in French employment law as it enables employees to raise claims against a different employer from that with which the employment contract was signed. The matrix-type organisation of groups of companies, which has become the rule, can have adverse consequences if employees have the feeling that they are employed … Continue reading

New protection of French whistleblowers under the Sapin II Law

Much attention was focused recently on President Obama’s decision, in the final days of his presidency, on commuting the sentence of Chelsea Manning, who provided certain classified information to WikiLeaks. In France, new legislation has recently been passed and implemented harmonizing the protection of whistleblowing employees (https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=4BBFD240827AF0FD9A6340FF254E6F1B.tpdila21v_3?cidTexte=JORFTEXT000033558528&categorieLien=id). Who is concerned? Under the new regulation, whistleblowers … Continue reading

Ontario Court of Appeal rules on the Duty to Mitigate in Howard v. Benson Group

The Ontario Court of Appeal recently considered the common law principles of reasonable notice and the duty to mitigate in the context of fixed-term employment contracts in Howard v Benson Group Inc. Howard, the plaintiff, was employed at an automotive service centre pursuant to a five-year fixed term contract. He was terminated without cause around … Continue reading

Improper Comments on Social Networks: A Serious Cause Justifying Dismissal?

The employment contract of a “Montreal Impact Academy’s U14” team coach was recently terminated as he made racist comments on his private Facebook page following the defeat of France against Portugal in the Euro 2016 final. In a news release, the Montreal Impact shortly dissociated itself from these comments, considering that they were totally unacceptable … Continue reading

To what extent can employers be held vicariously liable for the acts of their employees and others in France?

The issue of the liability the employers can face as a result of the acts and/or omissions of their employees is a recurring aspect of employee management in France. There are no specific employment rules per se governing the extent to which the employers can be held vicariously liable for the acts of their employees. … Continue reading

Vicarious Liability – When does it arise?

Two recent decisions of the UK Supreme Court have considered the doctrine of vicarious liability and effectively extended it to a wider range of circumstances. In the UK an employer can be held liable for the tortious acts committed by an employee in the course of their employment.   Courts will consider whether there is a … Continue reading

Practical Implications of Bhasin: Good Faith in Exercising Discretionary Power

Since Bhasin v Hrynew, 2014 SCC 71, courts have been applying  the “organizing principle” of good faith in all contractual relationships thereby delinating its scope in different cirucmstances. One recent decision applying this principle addressess the circumstances where an employer excercises a discretionary contractual right to effectively deny an employee his compensation under a benefits … Continue reading

What protection do employees have against race discrimination in Germany?

Due to the large number of refugees now living in Germany, protection against race discrimination has recently become an issue of greater importance. Under the German Anti-Discrimination-Act, which is derived from European directives, all employees in Germany, including apprentices and job applicants, are legally protected against discrimination on grounds of race or ethnic origin. In … Continue reading

Ontario Ministry of Labour targets unpaid internships in its latest blitz

The Ontario Ministry of Labour (“MOL”) recently announced that it is undertaking an enforcement blitz focusing on unpaid internships. Between now and December 31, 2015, employment standards officers from the MOL will be visiting workplaces that have internship programs to ensure compliance with the Employment Standards Act, 2000 (“ESA” or “the Act”). In particular, the … Continue reading

The deeper meaning behind Abercrombie besides failing to ask about an accommodation

As widely reported in its recent EEOC v. Abercrombie & Fitch Stores, Inc. decision, the United States Supreme Court held that employers cannot lawfully refuse to hire an applicant if the decision was motivated by the employer’s unwillingness to provide the applicant with an accommodation the applicant needs for religious reasons. However, in so holding, … Continue reading

Uber drivers found to be employees in California: Canadian provinces to follow?

A recent decision from the California Labour Commission (the Commission) has held that drivers from the popular Uber service are employees and not independent contractors. This decision has sparked public interest as its implications could bring trouble for the successful mobile-based start-up. In coming down on the side of the drivers, the Commission concluded that … Continue reading

Current status of legal protections for sexual orientation and gender identity in employment

As the workforce becomes more and more diverse, sexual orientation and gender identity have become very hot topics in discussions regarding employee rights. It may be surprising to learn that neither is considered a protected class under current federal employment discrimination law in the United States. At last count, however, 32 states, including the District … Continue reading

EEOC subject to judicial review on conciliation efforts

On April 29, 2015, reversing a Seventh Circuit decision in Mach Mining, LLC v. Equal Employment Opportunity Commission (“EEOC”), the U.S. Supreme Court held that courts have the authority to review, to a limited degree, EEOC compliance with Title VII’s statutory requirement that the agency first attempt informal conciliation before bringing suit against employers for … Continue reading

The Small Business, Enterprise and Employment Act 2015 – new employment legislation in the UK

The Small Business, Enterprise and Employment Act 2015 (the SBEEA) received Royal Assent in the UK on 26 March 2015, although most of the employment provisions contained in Part 11 require a commencement order to bring them into force. It is therefore not certain when many of the provisions listed below will have effect. The exception … Continue reading
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