The recent Ontario Court of Appeal decision of Farwell v. Citair Inc., 2014 ONCA 177, demonstrates how the offering of substitute employment when an employee has been constructively dismissed can have a serious effect on the damages payable for wrongful dismissal.
As a result of a change in product focus, the plaintiff, who had
Employees owe a duty of loyalty towards their employer. This well-known principle of labour and employment law is particularly set out in statutory law, namely in Section 2088 of the Civil Code of Québec which prohibits any act which may impair or infringe upon the legitimate interests of the employer.
An exception to this principle
French employment law does not provide for a comprehensive and consistent set of rules for the purpose of protecting whistleblowers. Instead, French employment law tackles issues arising out of whistleblowing situations through a relatively meagre set of legislative provisions resulting principally from recent awareness on the subject.
Specific regulations: limited protection
Under currently applicable legislation
To give or not to give, that is often the question. Employment references can present legal risks for employers. Former employees and their subsequent employers may allege claims of negligence in 
the provision of references. In Canada negligent referencing has yet to be addressed definitively by the courts. However, in the United Kingdom, claims that
There is no legal protection for whistleblowers in Venezuela and it is not common in practice.
However, many transnational and local companies in Venezuela have policies and code of conducts protecting those who step up and expose Corruption, fraud, mismanagement, breaches of legal obligations. Some of these companies have hot lines through which employees are
This post was -written by Valentina Albarran, Associate, Norton Rose Fulbright (Caracas)
The abrogated Organic Labor Law (“OLL”) defined Company and Business as follows: “Article 16: For the purposes of the Labor legislation, a Company is a business unit created for the production of goods or services in order to perform an economic activity and
This article was written by senior associate Helen Perrin and trainee solicitor Freya Byrne.
Article 313.1.b of the UAE Civil Code (Civil Code) legislates that a person may be vicariously liable for the acts and omissions of their employees. The Civil Code provides that in order for vicarious liability to arise, three requirements
This article was written by Lara Kerbelker, an associate at Norton Rose Fulbright South Africa
The Labour Court recently handed down judgment in a matter where a colonel in the SAPS was transferred to a functionally non-existent post after he exposed corruption in the unit.
Colonel Roos was employed as an internal auditor in the
Although we saw a legislative initiative to introduce a whistleblowing act in 2011 and despite numerous revelations in the food sector and the NSA scandal in 2013, there is still no general law on the protection of whistleblowers in Germany.
Few explicit statutory whistleblowing rights and duties
Whistleblowing is lawful where statutory provisions give an
This post was co-written by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)
Due to recent scandals in the UK around insider dealing, interest rate fixing, blacklisting and cartels, the subject of “whistleblowing” has become a hot topic, with organisations becoming increasingly concerned about malpractice and the legal and reputational consequences of its discovery. Set