Rights of employees upon redundancy of their position and in the case of any resulting termination of the employee’s employment will depend upon whether the employee falls into the Federal employment and industrial relations jurisdiction (National System Employees) or under the jurisdiction of the State in which the employee works.
National System Employees
Two 2013 decisions of the Ontario Superior Court, Kotecha v. Affinia and Filiatrault v. Tri-County Welding Supplies Ltd. may indicate a trend towards higher notice periods in light of an aging workforce and the abolishment of mandatory retirement. These decisions considered terminations for employees (in their 70s and 80s) who had in some cases over
When analyzing employees’ right´s on redundancy, caused by the unilateral termination on behalf of the employer, Colombian legislation has determined that the compensation to be paid must include amounts derived from lost profits and direct damages.
Redundancy rights in Colombia will vary depending on the time worked and the salary accrued.
In fix term labor
The rules concerning economic dismissal in France are generally considered to be extremely complex. The applicable procedure and the extent of the employees’ rights depend principally on the number of employees to be dismissed and the size of the employing entity. The main entitlements of employees can be summarized as follows (subject to more favorable
In the event of a termination for redundancy or similar reasons, employees in Germany have the right to file a lawsuit in order to have a court review the validity of the termination. If the termination is invalid, the law provides for a continuation of the employment relationship. As a basic principle, there is no
Employees’ rights on redundancy in Venezuela
The general rule under the Venezuelan Labor Law is that, no worker can be dismissed without just cause unless she/he is offered an indemnity for dismissal equal to the amount of her/his seniority benefit and she/he accepts it – Job Stability -. However, since 2002, workers are protected with
Whilst redundancies may be unavoidable, employers must think ahead when planning redundancies in order to avoid the additional burden of costly litigation and claims from employees. Employees in the UK have a number of rights in a redundancy situation and employers need to follow the correct procedures in order to avoid potential claims.
What is
This article was written by Jonathan Jones, an associate at Norton Rose Fulbright South Africa
In South African employment law, there are only three fair reasons for a dismissal:
A dismissal for operational requirements is viewed as a “no-fault dismissal” as it can
The Ontario Court of Appeal has substantially reduced a record setting $1 million in punitive damages jury award against a retail employer and $150,000 in punitive damages against a former manager. These damages were reduced to $10,000 against the manager and $100,000 against the company.
The employee in this case worked for a major retailer
In the recent case of Wilson v. Atomic Energy of Canada Ltd. (“AECL”) 2013 FC 733, the Federal Court confirmed that companies subject to the Canada Labour Code (the “Code”) are permitted to dismiss non-union employees without just cause. The Federal Court overturned a decision of a Code adjudicator appointed to hear the case allowed