The General Counsel of the National Labor Relations Board has authorized Regional Counsel in regional offices throughout the United States to issue 43 unfair labor practice complaints in cases involving claims that McDonald’s USA and its franchisees are “joint employers” and jointly liable.
These cases involve claims by workers at franchisee-owned restaurants that they were
As previously commented in one of our articles, French case law has subjected to increasingly strict scrutiny employers using “forfait jours”, i.e. a specific method of working time for autonomous executives (whose working time is calculated as a number of days worked over the year rather than a number of hours per week).
This article was written by Douglas de Jager, a candidate attorney at Norton Rose Fulbright South Africa
The right of striking workers to picket is an important tool in the collective bargaining process. A picket traditionally involves the gathering of striking workers in a public place to demonstrate against their employer or to create
In the recent decision Besner v Deputy Minister of Human Resources and Skills Development the Public Service Staffing Tribunal (the “Tribunal”) held it was discriminatory to lay-off a disabled employee after she was selected by the retention and lay-off process (“SERLO”).
The complainant was an Administrative Co-ordinator with Human Resources and Skills Development Canada suffering
A recent decision by the Federal Court of Appeal in Canada (Human Rights Commission) v Canada (Attorney General) (Cruden) has suggested that there is no procedural duty that exists separate and apart from the substantive duty to accommodate an employee with a disability.
Cruden involved an employee of the Canadian International Development Agency (“CIDA”). The
The Ontario Superior Court of Justice has affirmed that the federal government did not violate unionized employee’s freedom of association by legislating wage increase limits in The Professional Institute of Public Service of Canada v Canada (Attorney General). This is an interesting development for governmental policy makers and public employers, particularly in light of
In Gill v Human Rights Tribunal of Ontario, the Ontario Divisional Court concluded that it is appropriate for the Human Rights Tribunal of Ontario (the “Tribunal”) to summarily dismiss an application where its prior jurisprudence suggests that the application has no reasonable prospect of success.
Gill was a suppression firefighter who was terminated at
In its decision on a recent policy grievance, an Arbitrator refused to allow an employer to unilaterally impose a random alcohol and drug testing program, serving as a reminder of the challenges facing employers in the implementation of such policies.
On the facts, in 2012 the employer, an oil company, attempted to implement a
The issue of reconciling work and personal life has become a growing concern in France and resulted in particular in the negotiation of a nation-wide inter-sectoral agreement relating to the quality of working life in 2013. In this context, the issue of flexible working raises, among other things, the question of whether employees benefit from
This article was written by Amelia Berman, an associate at Norton Rose Fulbright South Africa, Sandton
Flexible working, or flexi-time, is the concept of adjusting the working hours of an employee so that he or she no longer has to render services during the employer’s core business hours but rather where he or she chooses