In Colombia, companies are not obliged to request authorization from the unions to carry out downsizing processes.
However, it is advisable to review if the collective bargaining agreements entered into with the unions include any obligation in this regard.
According to Colombian labor law, redundancy, economic reasons and the fact that a role is no
This article was written by Yusuf Peer, an associate designate at Norton Rose Fulbright South Africa
In South African law an employer is permitted to retrench employees due to economic and business conditions, provided that the employer follows the correct consultative procedure and the dismissals are based on fair and justifiable reasons
An employer employing
The Federal Circuit Court has ruled a senior executive who was investigated, following anonymous allegations of misconduct was not the victim of unlawful adverse action, finding that among other things, the investigation itself was not “adverse” and that other action taken by the employer was not taken for a prohibited reason as alleged.
Any disciplinary action which the employer proposes to take against the employee needs to be based on strong, direct evidence of relevant misconduct, which needs to come from the decision-maker in order to displace the assumption that the adverse action was taken for a prohibited reason.
Employers should also take note of the fact that in some cases the institution of an investigation could in or of itself constitute adverse action, in that it could injure an employee in their employment. As such, care should be taken when instituting investigations, in particular, only those individuals who need to be aware of the investigation should be advised of it and investigations should remain as confidential as is practicable.
The legal context
It is quite common for employers to include in an employment contract the possibility of unilateral waiver of the application of a non-compete obligation at the end of the employment relationship. French case law does permit such flexibility but only provided that (i) such waiver is expressly stipulated in the employment contract
Depuis 2012, le Ministère de l’immigration, de la diversité et de l’inclusion (MIDI) publie annuellement une liste des professions spécialisées en demande dans la province.
Les employeurs désirant embaucher des travailleurs étrangers dans les professions qui font partie de cette liste verront leurs démarches facilitées. En effet, ces employeurs seront exemptés – pour
In a matter that could have far-reaching implications for private universities throughout the US, the NLRB’s Regional Director for Region 2 dismissed a petition filed by graduate students of The New School in New York City, New York in which they sought to form a union in affiliation with the United Auto Workers (UAW).
In the province of Québec, the concept of “redundancy” shall be understood as terminations of employment or layoffs (individual or collective), all as stated in and within the meaning of section 82 and following of the Act Respecting Labour Standards (the ALS).[1] That being said, employers have no formal and legal obligations with
General comments
Under French employment law, employees’ representatives benefit from a right to be consulted on a very wide range of matters concerning the running of the company. In particular, the works council must be informed and consulted on any matter relating to the organisation, the management and the general running of the company, which
When does the duty arise?
The UK legislation on group redundancies implements the EU Directive of 1998. Under the Trade Union and Labour Relations (Consolidation) Act 1992, when an employer proposes to dismiss 20 or more employees as redundant within a period of 90 days or less at one establishment, he is under a duty
The Federal Court has ruled that a union organiser, who was redeployed to other duties (and ultimately dismissed) because of his involvement in a Socialist political party, was the victim of unlawful adverse action. The union’s concern that he might “undermine or infiltrate” the (trade) union movement did not justify the action.
The Applicant