Aylsworth v Law Office of Harvey Storm, 2016 ONSC 3938 is an interesting case that further defines the boundaries of what type of job employees can reasonably reject without failing in their duty to mitigate their wrongful dismissal damages.
Lynne Aylsworth had worked at the Law Office of Harvey Storm for 15 years as a
This article was written by Shoneez Gani , a Candidate Attorney at Norton Rose Fulbright South Africa
Section 186(2)(a) of the Labour Relations Act (LRA) states that “unfair labour practice” means any unfair act or omission that arises between an employer and an employee involving – (a) unfair conduct by the employer relating
Working with independent contractors/freelancers?
In May 2016, we discussed https://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act) which came into force on 1 May 2016. The first year is intended as a transitional period,
Back in 2003, with the objective of giving employers and employees maximum flexibility to agree to working relations, the so-called zero hour contract, also known informally as “job on call,” was formally introduced into the Italian employment law regime. Under these contracts, the employee agrees to be available to work for the employer only at specific times, at the request of the employer. In Italy, the typical employment contract is still the traditional full-time, open ended one, so it comes as no surprise that this arrangement is largely viewed as punitive to employees and is subject to multiple restrictions.
Through the Voluntary Retirement Savings Plans Act, the Québec government aimed at making sure all workers who did not participate in a RSP plan at their workplace had the opportunity to do so. The Act creates different obligations for the employers it covers depending on the number of eligible employees they have on their
In the UK, before June 2000 there was no express protection for part-time workers against less favourable treatment when compared with those who work full time. Their only options for legal redress were by way of an equal pay or sex discrimination claim. In 2000 the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (the
A recent decision of the Western Australian Industrial Magistrates Court[1] has provided a timely reminder that, where employers pay an annualised salary to an award-covered employee, specific wording may be required in the contract of employment to ensure the higher salary can be offset against specific award entitlements that are not separately provided, such as payment for overtime or leave loading.
Employers frequently address the issue of whether a dismissed employee should be paid a bonus that would be paid after an employee’s dismissal but during the period of common law reasonable notice. We now have recent guidance from Ontario’s highest court on this issue
In Paquette v TeraGo Networks Inc., 2016 ONCA 618, the
A worker who injured herself when she went for a run whilst working from home has had her application for workers compensation dismissed, but only on the basis that the injury did not occur during an ‘ordinary recess’.
Background
In Demasi v Comcare (Compensation) [2016] AATA 644 (26 August 2016), the Administrative Appeals Tribunal (AAT) heard that the applicant took a break from her work at 9.45am (on a day when she was working from home) and went for a run. She tripped on an uneven surface and landed awkwardly, breaking her right hip. The applicant claimed compensation on the basis that the injury she suffered arose out of or in the course of her employment. Comcare denied liability.
In the review application, the AAT heard that the applicant ‘often’ worked from home – estimated at approximately 30 per cent of her total work time.
On the day of the injury, the applicant began work at 7:30am and decided to take an early break in order to go for a run. The injury occurred 30 minutes into the run. There was evidence from the applicant’s manager that she was aware that the applicant would regularly run during her recess breaks.
The B.C. Court of Appeal recently gave employers a much-needed reminder: they’re entitled to reasonable notice too.
While most employees are familiar with the fact that they are entitled to reasonable notice if they’re terminated without cause, employers sometimes forget that the obligation works both ways. An employee cannot simply stop showing up to work