In a recent case, a 66-year old employee was dismissed from his employment. For a total of nine years, this employee held the same job title, performed the same responsibilities, and was remunerated in the same way. However, after eight years, the employer informed the employee that, going forward, he would be compensated by
Legal background
French employment law entitles employers to provide for a trial period in the employment contract during which the employer assesses the ability of the employee to perform his/her duties. In this context and during such period, if the employer determines that the employee is unable to perform his/her job, the employer is entitled
In a decision issued on February 6, 2015 the Regional Director of the National Labor Relations Board, Region 2, dismissed a petition for union representation with The New School filed by a putative labor organization, Student Employees at The New School (SENS), which is affiliated with the UAW.
SENS filed its petition for recognition as
In a recent decision, the Human Rights Tribunal of Ontario (“the Tribunal”) decided in favour of two teenaged employees who were fired for refusing to work on a religious holiday. The employees are siblings, ages 16 and 14, and observe the Christian Mennonite faith. They informed their employer two weeks in advance that they
The California Healthy Workplaces, Healthy Families Act of 2014 (“the Act”) went into effect on January 1, 2015, but its key accrual and use provisions became effective on July 1. On July 13, 2015, Governor Jerry Brown signed Assembly Bill 304, amending California’s Sick Leave law to make immediate changes. Those amendments state:
On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction to determine whether the Northwestern University (Northwestern) scholarship football players should be considered employees under the National Labor Relations Act (NLRA).
In April, we reported that the Regional Director of Region 13 of the NLRB found that scholarship football players from
The Full Bench of the Fair Work Commission (Commission)[1] recently reaffirmed that employers who issue a notice of representational rights (Notice) must ensure the Notice complies with the Fair Work Act 2009 (Cth) (Act).
The Fair Work Commission (FWC) has handed down its first formal decision in relation to an anti-bullying order. This is only the second case since the introduction of the anti-bullying laws where orders have been granted under section 789FD of the Fair Work Act 2009 (FW Act). This is the first decision to provide us with more guidance in relation to when the FWC will grant anti- bullying orders.
Federal regulations permit access to marijuana for medical purposes, and the use of marijuana can become a complicated issue in the workplace. Importantly, the Supreme Court of Canada recently ruled that patients approved under the regulations should have access to all forms of cannabis products, including edible or topical cannabis products, as opposed to only
The legal background
French employment law strictly regulates the disciplinary power that an employer can exercise over its employees. In particular, one fundamental rule states that an employer cannot discipline an employee twice for the same fact. This means that if an employee has been disciplined for misconduct, a new sanction based on the same