Last week, a Texas federal judge handed the Occupational Safety & Health Administration (OSHA) a victory by refusing to grant an injunction that sought to delay the implementation of the Agency’s rule regarding workplace injuries and illnesses. The new rule, entitled “Improve Tracking of Workplace Injuries and Illness,” requires most employers to submit
In UK employment law a person’s employment status determines both their rights and responsibilities. An individual can be an employee, a worker or self-employed. Whilst traditionally individuals were employees or self-employed there has been a significant rise in “worker” status. The recent reported case of Aslam and others v Uber BV considered whether drivers had
The federal government has moved one step closer to making good on its promise earlier this year to restore the pre-2013 public service labour relations regime. On November 28, 2016, the government tabled legislation to repeal parts of Conservative Bill C-4 (Economic Action Plan, No. 2, Division 17), dealing with essential services, collective bargaining, and
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
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
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
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.
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
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
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