This article was written by Kelly Armstrong, a Candidate Attorney at Norton Rose Fulbright South Africa
A decision recently handed down by the Labour Appeal Court finds that, even where an employer does not itself have a policy or practice which discriminates against an employee, if the employer is associated with another entity which does
The legal context
Under French employment law, employers are under a strict duty of care which requires them to ensure the protection of their employees’ health and safety (duty of care), the mere breach of such obligation will trigger their liability even if there is no fault on their part. Such duty of care is
A majority of submissions to the National Transport Commission’s Duties Review Discussion Paper (NTC Discussion Paper), received in January and February 2015, have provided tentative support to amending chain of responsibility legislation in order to mirror the work health and safety legislative approach. While the views in the submissions to the NTC Discussion Paper differ, and many are contingent upon further investigation taking place, these initial findings show that there is a willingness for reform to take place similar to what we experienced with WHS. If changes to chain of responsibility laws were to proceed along these lines, it could mean that parties beyond those currently nominated in the legislation will be captured by the legislation and have duties in relation to heavy vehicle safety.
Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) provide for the right not to be discriminated against on the ground of age. In the context of employment, the Québec Charter prohibits discrimination based on age with respect to the hiring
To begin with, employment discrimination on grounds of age is not a problem only for workers in a specific age group in Colombia. For instance, young people feel discriminated against because of their lack of experience when seeking jobs for the first time, and the elderly feel rejected and undervalued when they are interested in
The matter of age discrimination is a particularly sensitive issue in France, where the relatively high unemployment rate of young and aged persons is structural.
In this context, there exist specific legal provisions particularly with regard to the employment of young workers. There is also a national-interprofessional collective bargaining agreement with respect to older workers
Numerous federal, state, and local laws in the US prohibit employers from making employment decisions based on an employee’s or job applicant’s age and thus protecting employees from being discriminated against based on their age.
The Age Discrimination in Employment Act of 1967, also known as the ADEA, is the federal law which prohibits age
Before the Employment Equality (Age) Regulations came into force in 2006, there was no specific protection for employees from discrimination on grounds of age. The law on age discrimination is now set out in the Equality Act 2010 (the Act) which provides for protection from discrimination in the workplace on the grounds of a number
Employers faced with making a number of their employees redundant should always consider whether they can “obtain” other acceptable employment for their employees in order to minimise (or reduce to nil) their redundancy pay obligations.
On March 27, 2015, employers must provide FMLA benefits to same-sex couples who are legally married regardless of whether the employee lives in a state that recognizes same-sex marriage.
The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. More specifically, eligible employees may take