You may be familiar with the Aesop fable in which a monkey convinces a naïve cat to burn his paw in order to pull chestnuts from a hot fire for their mutual satisfaction but then eats all the chestnuts himself. This “cat’s paw” doctrine, as it has been coined in employment litigation, has been applied … Continue reading
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
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
This post was also contributed by Ebru Tirel, Trainee, Norton Rose Fulbright LLP (Munich). Imagine a forklift truck driver damaging the car of a customer of the employer, resulting in a loss of EUR 200,000. Who will be liable for the damage? Generally speaking, of course, the employee is directly liable for the damage caused by … Continue reading
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
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
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
In what may be considered a particularly rare occasion, the Ontario Court of Appeal has addressed an employment law issue in the context of Go-Kart racing. In this case, the appellant volunteered to be a “race director” for a Go-Kart race, for which he received a small stipend. When a Go-Kart driver crashed into hay … Continue reading
In the UK where a business is transferred from one economic entity to another then the employees will be protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations) The effect of the TUPE Regulations is to preserve the continuity of employment and terms and conditions of those employees who are … Continue reading
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
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
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
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
On June 1, 2015, The Supreme Court of the United States ruled in an 8-1 decision that a retailer clothing chain’s failure to hire a job applicant who wore a hijab, or headdress, to her job interview violates federal law prohibiting discrimination based upon religious belief. The case originated in 2008 after clothing retailer Abercrombie … Continue reading
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
As from 1 January 2015, a minimum wage of € 8.50 has been introduced for the first time in Germany – this generally applies to all employees. However, there are some exceptions. For example, the minimum wage does not have to be paid to interns on a mandatory internship, apprentices, adolescents under the age of … Continue reading
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
The legal context In the context of intra-group mobility, it is common practice to transfer an employment contract from one company to another one within the same group. Usually, this transfer consists in the termination by mutual agreement between the employee and his/her initial employer followed by the conclusion of a new employment agreement with … Continue reading
In the context of redundancies, French employers are subject to a strict reclassification obligation which requires them to try to seek alternative positions to be proposed to those employees whose dismissal is contemplated, prior to notification of the dismissal. In addition to their own research at company and group level, it is common practice for … Continue reading
It is common practice for companies to pay their employees a variable remuneration based on their performance. Such remuneration has become an increasingly popular component of employee compensation as it constitutes a very effective way of ensuring employee commitment. French case law permits such remuneration but lays down strict conditions to be complied with. Consequently, … Continue reading
Cet article a été rédigé par Me Éric L’Italien, avocat chez Norton Rose Fulbright (Montréal) Dans une décision récente, la Cour du Québec confirme que les dispositions prévues à la Loi sur les normes du travail (« L.N.T. ») et visant la mise en œuvre d’un licenciement collectif n’ont pas été édictées simplement à des fins purement dissuasives. … Continue reading
Work-related stress and significant workloads are quite common in the professional environment. But how should an employer deal with the repeated sickness leaves of an employee due to overwork? It could be tempting to take the easy way out and dismiss the employee. As a general principle, French employment law prohibits dismissals based on an … Continue reading
…under section 316 of the Act respecting industrial accidents and occupational diseases (“Act“), Quebec employers are obligated to pay the assessment due to the CSST by a contractor in default. Section 316 of the Act reads as follows: 316. The Commission may demand payment of the assessment due by a contractor from the employer who retains … Continue reading
This post was contributed by Sipelelo Litji, Lauren Coetzee and Kate Paterson Employers may be vicariously liable for an employee’s actions regardless of whether they are acting in the course and scope of their employment. This is according to a Supreme Court of Appeal judgment that found the Minister of Defence to be liable for … Continue reading