A purchaser looking to buy an existing business usually considers factors such as the potential target company’s market share, product or service offerings, goodwill, and overall profitability. But one factor that must not be forgotten is the employees. In particular, if the vendor’s workforce is unionized, there are significant labour relations consequences that flow from
The Federal Court of Australia has penalised a university for unlawfully threatening adverse action when it prepared secret plans to move senior teaching staff to a new employing entity.
Adverse action
The Fair Work Act 2009 (Cth) makes it unlawful for an employer to take adverse action against an employee because of his/her possession or
The “common employer doctrine” recognizes that an employee can have a number of employers. The doctrine has the effect of preventing an organization from arranging its corporate structure in way that attempts to circumvent its legal obligations to its employees.
The common employer doctrine comes into play when an employee seeks damages for wrongful dismissal
Recent California labor and employment law developments could signal good news for employers facing individual and/or representative claims under California’s Private Attorneys General Act (“PAGA”). Specifically, a newly-enacted state law could potentially help rein-in the rising number of individual and representative PAGA claims by providing employers an opportunity to remedy certain “technical” Labor Code
En novembre l’an dernier, la Fédération des syndicats de l’enseignement (ci-après « FSE ») faisait connaître ses demandes syndicales en vue de l’année de négociation nationale qui débutait pour les enseignantes et enseignants québécois (ci-après « les enseignants »). Parmi ses demandes, se retrouvaient entre autres : plus d’autonomie pour le personnel enseignant, du temps
When a buyer acquires the assets of another company, both the buyer and the seller must focus on federal and state laws in the United States which impact on employees who transition on the sale of the business. For example, if a sufficient number of employees are affected, the federal Worker Adjustment and Retraining Act
This article was written by Michaela Bolton, a candidate attorney at Norton Rose Fulbright South Africa
Arbitration awards made in terms of the Labour Relations Act (LRA) are “debts” in terms of the Prescription Act. Awards affording employees compensation with or without back pay are therefore unenforceable after a period of
Historically, it was well established at common law that the sale of a business severed the employment relationship between the business that was being sold and the employee. The rationale behind this common law principle was the protection of an individual’s autonomy. The courts rejected the idea that workers could be bought and sold. However,
French employment law mandates that it is the employer itself who must notify employees of their dismissal. In this context, and for obvious practical reasons, the employer is entitled to delegate the authority to sign the dismissal letter to another person. However, even though case law has long admitted that in certain situations the dismissal
All employees in Germany, including apprentices and job applicants, are fully protected against discrimination on grounds of gender under the German Anti-Discrimination-Act which is derived from European directives. In particular, it is unlawful to discriminate during the recruitment or promotion process. It is also unlawful to discriminate on grounds of gender in the giving of