The legal background
In the context of an economic dismissal, even when the employer claims to have strong economic grounds for justifying the termination of the employment contracts, it is still required to comply with the general reclassification obligation applicable to all economic dismissal procedures.
Such obligation consists in trying to seek alternative positions to
Under French employment law, employers are generally free to determine the remuneration package to be provided to their employees in accordance with the working of the free markets. However, such liberty is traditionally limited in particular by the principle of equal work for equal pay and the obligations relating to minimum wage.
In this respect
A legal entitlement to a minimum wage was first introduced in the UK in 1999 when the National Minimum Wage Act 1998 (the Act) came into force.
What is the National Minimum Wage?
The national minimum wage (NMW) is a specified minimum hourly rate of pay to which most workers are entitled. The rate is
As from 1 January 2015, a minimum wage of € 8.50 has been introduced for the first time in Germany – this generally applies to all employees. However, there are some exceptions. For example, the minimum wage does not have to be paid to interns on a mandatory internship, apprentices, adolescents under the age of
On April 20, 2015, the United States Supreme Court denied the petition for certiorari in Landers v. Quality Communications, Inc.
At issue in the case was the level of detail that plaintiffs seeking overtime payments under the Fair Labor Standards Act (“FLSA”) must allege in order to survive a motion to dismiss.
Greg Landers sued Quality Communications, Inc., his employer, alleging that Landers sometimes worked in excess of forty hours a week without receiving overtime pay in violation of the FLSA.
This article was written by Yusuf Peer, an Assosciate at Norton Rose Fulbright South Africa
The Department of Labour has issued a notice to all employers registered with the Compensation Fund extending the deadline for submitting 2014 Return of Earnings to 31 May 2015.
Return of Earnings is submitted in the prescribed form with lists
The Full Court of the Federal Court of Australia has clarified the circumstances in which an employer can justify the summary dismissal of an employee by reference to information that was only discovered after the dismissal took place.
On 14 April 2015, the Dutch Senate has accepted the Flexible Working Act, allowing employees of companies in the Netherlands more flexibility in respect of working hours and working from home. With effect from 1 January 2016, employees will be able to ask not only for changes to the number of hours they work, but
The legal context
Issues regarding the ability of an employer to access messages and files exchanged by its employees using employer-supplied messaging networks or, more generally, devices placed at their disposal, occur quite frequently in the workplace and have given rise to a significant amount of case law.
In principle, and from a French employment
An employee who claimed that the employer breached implied contractual terms of cooperation and good faith has failed in proceedings before the Federal Court of Australia. The Court ruled that neither of the implied terms relied on by the employee were part of Australian law.
The case is the first to consider the applicability of these implied terms since the decision by the High Court in Barker and confirms the difficulty which confronts any plaintiff employee in Australia seeking to rely on general implied terms as a basis for complaining about the behaviour of the employer.