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TOTAL TIME: 26 MINUTES
Leading commentary and perspectives on employment and labor law
How far does a wrongfully dismissed employee have to go to mitigate his or her losses? The Ontario Court of Appeal recently held that an employee is not required to accept employment that is not comparable with the employee’s previous job, having regard to the position’s status, hours and remuneration.
In this decision, the plaintiff …
This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa
The most recent amendments to the Employment Equity Act permit the CCMA to consider unfair discrimination claims in certain circumstances. Exercising its newly found jurisdiction to determine ‘equal pay for equal work’ claims, the CCMA recently considered this question in…
In the UK where a business is transferred from one economic entity to another then the employees will be protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations)
The effect of the TUPE Regulations is to preserve the continuity of employment and terms and conditions of those employees who are…
Last month the Fair Work Commission (FWC) tabled its Annual Report for 2014/15 (Report) in Federal Parliament, a copy of which can be accessed here.
One aspect of note to be gleaned from the data within the Report is a continuation in the shift in the FWC’s workload away from…
Aside from the particular legislation prohibiting discrimination of employees on specific grounds such as age or gender, the French employment code does not provide for specific provisions concerning a more general principle which require the avoidance of inequality of treatment in the workplace. However, case law has progressively established this principle, particularly concerning remuneration, working…
This article was written by Samantha Copeman, a candidate attorney at Norton Rose Fulbright South Africa
A mutual separation agreement is an agreement between an employer and employee to terminate the employment relationship.
In Cook4Life CC v Commission for Conciliation, Mediation and Arbitration & others (2013) 34 ILJ 2018 (LC), the Labour Court considered whether…
This article was written by Amelia Berman , a senior associate at Norton Rose Fulbright South Africa
Section 197 of the Labour Relations Act, 1995 (the LRA) was enacted to regulate the employment consequences where the whole or a part of a business or service is transferred as a going concern. The…
Employers will often have employees sign employment agreements after they start working. This can be very problematic in the long run, as highlighted by the Ontario Court of Appeal in Holland v Hostopia.com.
In Holland v Hostopia.com, the employee accepted a written job offer, which contained a statement that he would have to…
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