In 2012, we referenced a case in which a complainant, terminated for breach of his employer’s drug and alcohol policy, failed to establish that the termination was discriminatory: 2012 AHRC 7. The policy at issue in the case distinguished between employees who had voluntarily disclosed addictions and those who were identified only after a
Longer notice periods after longer employment periods are no age discrimination!
If an employer desires to terminate an employee’s employment without cause, German law provides for statutory minimum notice period. This ranges from at least four weeks to the 15th or the end of a month where the employee was employed for less than two years to at least seven months to the end of
First Discrimination Law Review in Hong Kong: the implications in an employment context
The Equal Opportunities Commission (EOC) has launched its first comprehensive review of the four anti-discrimination ordinances relating to gender, disability, family status and race since they came into force as long ago as the late 1990’s and is seeking opinions from the public on its proposed extension of protection from discrimination.
Background
The
Youth Employment Law
This post was contributed by Valentina Albarrán, Associate, Norton Rose Caracas.
Youth Employment Law On October 8th, 2014 a Youth Employment Law (the “Law”) was approved by the Venezuelan President under the Enabling Law granted to the Executive Power by the Venezuelan Parliament.
The Law has yet to be published in the Official Gazette of
Case Brief: On a partner’s right to claim discrimination in employment
On May 22, 2014, the Supreme Court ruled that a partner in a BC law firm could not invoke human rights protection against age discrimination in employment to prevent his mandatory retirement.
In McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39, the Court held that the existence of an employment relationship was determined
Must employers separate themselves from long-used separation agreement forms?
Recently, a federal judge dismissed an action the EEOC filed against CVS Pharmacy, Inc, in which the EEOC challenged several terms in CVS’s standard separation agreement. (See Mem. Op. & Order, Equal Emp’t Opportunity Comm’n v. CVS Pharmacy, Inc., No. 1:14-CV-863 (N.D. Ill. Oct. 7, 2014)).
The EEOC asserted that the terms in
Flexible working – achieving a work life balance
An increasing number of countries and organizations offer now flexible working schemes, not only to help employees get balance between work and personal life, but to fight unemployment. Studies had shown that the term work-life balance can be defined as satisfaction and performance at work and also at home with a minimum conflict in between.
Alcohol testing: a drunk employee does not necessarily mean a fair dismissal
The legal background
The issue of alcohol consumption in the workplace is a common concern for any employer wishing to protect its employees’ health and safety at work. From a legal perspective, this can result in potential risks in terms of criminal and civil liability, particularly with regard to the employer’s duty of care toward
Case Brief: On deduction of pension benefits from wrongful dismissal damages
In August 2011, the British Columbia Court of Appeal held that pension benefits received by an employee during the reasonable notice period were not to be deducted from wrongful dismissal damages for that period: 2011 BCCA 337. A 7-member majority of the SCC agreed with that approach in IBM Canada Limited v Waterman, 2013 SCC
Executive Loses Incentive Comp Upon Resignation – Contract Enforceable, Court Finds No Restraint on Trade
The Ontario Superior Court of Justice upheld a contract that forced an employee to forfeit restricted shares upon resignation in Levinsky v The Toronto-Dominion Bank.
The Plaintiff, a Vice President and Managing Director at the bank, participated in the bank’s Long Term Compensation Plan. The Plan granted the Plaintiff Restricted Share Units each year.