The issue of the liability the employers can face as a result of the acts and/or omissions of their employees is a recurring aspect of employee management in France.
There are no specific employment rules per se governing the extent to which the employers can be held vicariously liable for the acts of their employees.
In Oudin v. Le Centre Francophone de Toronto, The Ontario Superior Court dismissed a motion for summary judgment brought by an employee who alleged that the termination provision in his employment agreement was unenforceable. This provision limited his entitlement to notice of termination to the minimum required by employment standards legislation. The court did
This article was written by Steven Adams, an Associate and Hermann Nieuwoudt, a Director at Norton Rose Fulbright South Africa
The Eastern Cape High Court has developed the common law and expanded the circumstances in which an employer may be held vicariously liable for its employee’s sexual harassment of another employee.
Phil-Ann Erasmus was employed
In P.G.v. Groupe Restaurant Imvescor Restaurant Group Inc. o/a Baton Rouge Restaurant (“Groupe”), the Human Rights Tribunal of Ontario (“HRTO”) awarded $12,000 in damages against a franchise restaurant for failing to accommodate the needs of a patron with post-traumatic stress disorder, obsessive compulsive disorder, and germaphobia. The restaurant was condemned
On March 1, 2016, the EEOC filed two cases with one clear goal: to expand the meaning of “sex” under Title VII. In EEOC v. Scott Medical Health Center, P.C., Case No. 2:16-cv-00225-CB (W.D. Pa.), the agency alleges that the defendant harassed an openly gay male employee because of his sexual orientation, thereby committing
This post was also contributed by Ebru Tirel, Trainee, Norton Rose Fulbright LLP (Munich).
Imagine a forklift truck driver damaging the car of a customer of the employer, resulting in a loss of EUR 200,000. Who will be liable for the damage?
Generally speaking, of course, the employee is directly liable for the damage caused
This article was written by Sabu Sangoni, a Director at Norton Rose Fulbright South Africa
The Constitutional Court has ruled that an employer may not lock out a minority union that was not party to the dispute at bargaining council level.
The case of Transport and Allied Workers Union of South Africa v PUTCO Ltd
There is a growing body of arbitral jurisprudence upholding summary dismissal of employees who breached workplace codes of conduct, confidentiality and privacy policies by deliberately snooping into co-worker or client records without any legitimate purpose and for reasons of their own. A number of these cases have concerned privacy breaches by hospital employees. Ontario Nurses’