Earlier this year, the Regional Director of Region 13 of the NLRB found that scholarship football players at Northwestern University are “employees” under Section 2(3) of the National Labor Relations Act. Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (N.L.R.B. Mar. 26, 2014).
The Regional Director’s decision turned largely on the amount of
The legal background
French case law has always considered that both employer and employee are under an implied duty of loyalty which pervades the entire employment relationship. It follows from this general obligation of loyalty that the employee is required to serve his/her employer’s interest. As a result, the employee is subject to the obligation
In, Ashraf v SNC Lavalin ATP Inc. (“Ashraf”) an Alberta judge upheld a master’s decision to strike the statement of claim of a worker seeking to sue his employer for injuries resulting from workplace harassment. The Statement of Claim of the Plaintiff was struck on the grounds that the Alberta Worker’s Compensation Act bars all
Under German law, employers are obliged to check regularly (at least every three years) whether benefit payments from company pensions ought to be adjusted for inflation. In their check they may consider the company’s economic situation. Employers are not obliged to increase pension payments if they believe (and such belief is reasonable with a sufficient
Please view this month’s video from Paul Griffin, Head of Employment in London, which provides an update on the law on whistleblowing in the UK.
The Ontario Divisional Court recently quashed an application for judicial review brought by an individual employee seeking to overturn an arbitrator’s decision denying his discharge grievance. The Court ruled in Ali v United Food and Commercial Workers Canada that an individual employee lacks standing to apply for the review of an arbitration award. Subject to
The B.C. Workers’ Compensation Appeal Tribunal (“WCAT”) in Browne v. British Columbia (Workers’ Compensation Appeal Tribunal) considered a petition by 14 temporary farm hands who were injured when a truck they were riding in left the road and rolled down an embankment. Before and after work each day the 14 workers were driven to and
In Morgan v Herman Miller Canada Inc, 2013 HRTO 650 (“Morgan”), the Ontario Human Rights Tribunal (the “Tribunal”) heard an Application made pursuant to section 34 of the Human Rights Code (the “Code”) alleging discrimination and harassment with respect to employment because of colour and reprisal. This decision will be of interest to all
When job redundancies arise in an organization, whether as result of a merger, restructuring, or downsizing, employers need to remain aware of duties under human rights legislation, such as the Ontario Human Rights Code.
To meet these expectations, an employer’s decision regarding which employees will lose their jobs can not be tainted in any
Starting July 1, 2014, all employers covered by the Occupational Health and Safety Act (OHSA) will be required to give Basic Awareness Training to all workers and supervisors. The object
ive of this training is to enhance workers’ and supervisors’ knowledge of both their rights and responsibilities under the OHSA and highlight the OHSA’s overarching