Eine altersdiskriminierende Kündigung kann unwirksam sein und Entschädigungsansprüche auslösen. Dies gilt auch im Kleinbetrieb, obwohl dort eine Kündigung grdsl. ohne Grund möglich ist.
In der Entscheidung ging es um eine 1950 geborene Klägerin, die seit gut 20 Jahren bei einer Arztpraxis als Arzthelferin beschäftigt war. In der Praxis waren noch vier (jüngere) Arbeitnehmerinnen angestellt.
The legal context
Remuneration is a fairly sensitive matter in France. Although the determination of the level of remuneration of employees is not strictly regulated (only minimum levels of remuneration are provided by the law and by the relevant collective bargaining agreement), the freedom of employers is limited by the “equal job, equal pay” principle
On July 15, 2015, the United States Department of Labor (DOL) issued a memorandum on “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who are Misclassified as Independent Contractors.” After clarifying the distinction between an employee and an independent contractor and emphasizing that the
The upcoming Civic Holiday is celebrated on Monday, August 3 in Ontario. The holiday, which was created in honour of John Graves Simcoe, the first Lieutenant Governor of Upper Canada, often raises questions for employees and employers alike. Contrary to popular belief, the Civic Holiday is not a statutory holiday in Ontario; it is
The matter of discrimination based on an employee’s sexual orientation is becoming more and more topical as the claims of the homosexual community give rise to a greater public awareness of the protection of each individual’s sexual orientation.
In this respect, employees’ protection against such type of discrimination is principally ensured through the general principle
With many organisations having multinational operations, mobility is a matter of increasing significance and the first question to consider is what is the best arrangement for moving people overseas.
Two options often faced by companies is to either terminate the employee’s employment with the home entity and commence employment with the overseas entity of the organisation, or for the employee to be seconded from one entity to another.
This article was written by Andre Vos, a Director at Norton Rose Fulbright South Africa and Riccardo Petersen, a Senior Associate at Norton Rose Fulbright South Africa
The High Court has declared aspects of a long-established but often abused debt collection process unlawful, with potentially wide ranging consequences, as it could render hundreds of thousands
The Workplace Gender Equality Agency (Agency) continues its efforts to promote gender equality in employment and the workplace. While we can take encouragement by the work in which the Agency is engaged, it is clear there is still much work to be done in this area and real change will require conscious organisational and cultural change.
The Ontario Court of Appeal has recently upheld a decision of the Ontario Human Rights Tribunal which discussed the interaction of the Canadian Charter of Rights and Freedoms (the “Charter”) and the Ontario Human Rights Code (the “Code”) with respect to discrimination in the employment context.
In the case of Taylor-Baptiste v. Ontario Public Service
A recent case out of the Court of Appeal for British Columbia has confirmed that where a business is not sold as a going concern, an employee’s years of service recognition resets, regardless of whether that employee takes on employment with the successor company.
The case involved the sale of a pulp mill from one