On 4 November 2016, the Supreme Court in the Netherlands issued an important judgment that will impact on the use of payroll companies. In this judgment, the Supreme Court held that no “allocation function” is needed to qualify as a temporary employment agency contract (uitzendovereenkomst). This e-Alert provides a summary of the judgment
November 2016
Texas federal judge puts the brakes on the DOL’s new overtime regulations
Employers who had been searching for a way to best implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less. On November 22nd, Judge Amos Mazzant…
Arbitrator makes further determinations regarding influenza vaccination policies in hospitals.
With the cold weather setting in, flu season is officially in full swing.
Last year, Arbitrator Jim Hayes considered whether hospitals could implement policies requiring nurses to either get the flu shot or wear a mask. In the test case decision of Sault Area Hospital and Ontario Nurses’ Association (“Sault Area Hospital”), Arbitrator Hayes…
High Court clarifies application of reasonable administrative action exclusion for workers’ compensation
The High Court has recently clarified the application of the reasonable administrative action exclusion for workers’ compensation claims under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRCA).
The SCRA excludes liability to compensate an employee for an injury or condition suffered as a result of reasonable administrative action taken in a reasonable manner. Reasonable administrative action includes reasonable performance appraisals, disciplinary action and actions done in connection with an employee’s failure to obtain a promotion or benefit, or to retain a benefit.
In Comcare v Martin [2016] HCA 43, the High Court examined the causal connection required between the condition suffered and the reasonable administrative action.
Brexit : employment law – parliamentary briefing paper
On 10 November 2016, the UK Parliament published a Briefing Paper setting out the Government’s position in relation to employment rights of workers following the UK’s exit from the EU. Whilst the Government may believe that the Briefing Paper clearly sets out its position, on closer analysis it seems to raise more questions than it…
Courts Continue to Chip Away at Restrictive Covenants
Powell River Industrial Sheet Metal Contracting Inc. (P.R.I.S.M.) v Kramchynski, 2016 BCSC 883, is a decision from the Supreme Court of British Columbia that dealt with the enforcement of a restrictive covenant in the context of a commercial transaction. The decision stands for the proposition that a court may refuse to enforce a restrictive covenant…
Tribunal signals a new direction for family status discrimination claims
According to Statistics Canada, there are now more people in Canada aged 65 and over than there are under age 15. As a result, it is becoming increasingly common for employees to request accommodation in order to care for aging relatives. This is exactly what was at issue in the recent decision of the Human…
US DOL Persuader Rule permanently benched
Hailed by the US Department of Labor as a regulatory change to promote transparency and to help employees make well-informed decisions about union representation, the Department of Labor’s final rule on reporting union persuader activities has been permanently blocked by Texas US District Court Judge Sam R. Cummings.
The new rule attempted to narrow…
An employee alleging harassment at work cannot be the object of a claim for defamation by the employer
In France, employees alleging harassment enjoy legal protection against any retaliation by their employer. The employee cannot be made subject to sanctions as a consequence of such allegations, whether by outright dismissal or some lesser sanction. Obviously, there are some caveats around this, including the requirement that the employee have made such allegation of harassment…
Reasonable Notice: it Goes Both Ways
In Gagnon & Associates Inc. v Jesso, 2016 ONSC 209, the defendants (“Jesso” and “Cameau”) had been working as salesmen for the employer (“Gagnon”) for ten years when they resigned. They had been an integral part of the defendant’s operations, and were jointly responsible for approximately 60 per cent of the defendant’s sales.
The…