In Germany, an employer must comply with certain consultation obligations when dismissing an employee. Failure to do so may result in the dismissal being held null and void by a labour court or the court awarding compensation to the affected employees.
The works council and dismissals
Prior to giving notice of termination, an employer must
This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa Inc
A failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed are procedural flaws and do not result in the dismissals being invalid. The latest judgment relates to retrenchments in
A specialized tribunal in Quebec recently decided in Dubois v. Diocèse de Trois-Rivières[1] that a parish priest was neither in the employment of the diocese that appointed him nor the parish corporation for which he was selected to perform his services. Tasked with determining whether an employment relationship existed under the Quebec Occupational Work
Work health and safety has often been viewed as a “cost centre” – a compliance-driven expenditure where spending is kept to the bare minimum to satisfy legal requirements. Most often, safety expenditure will be justified by reference to legally imposed penalties for non-compliance. Rarely will organisations view safety spending as an investment, even though productivity gains from decreased incidents and worker confidence provide a quantifiable return on investment. Study after study has demonstrated that the better view is that expenditure on safety is a capital investment.
The Supreme Court of New South Wales has ruled that an employer did not breach the contract of employment when it summarily dismissed an employee after having formed the opinion that he was guilty of serious misconduct.
The case is significant because it marks a departure from a line of earlier authority which required that serious misconduct be established as a matter of fact, due to the grave social and economic consequences of summary dismissal for employees.