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
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
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
Governing Legislations: Employers planning to do business in Quebec should familiarize themselves with their duties and obligations under various Quebec laws and regulations. Key legislation in Quebec addresses, among others, employment standards, human rights, occupational health and safety, workers’ compensation, labour relations and pay equity. Employers and employees in Quebec also have obligations under the
On November 4, 2016, a federal judge in Pennsylvania became the latest jurist to side with the U.S. Equal Employment Opportunity Commission (EEOC) in endorsing the viability of claims based on sexual orientation under Title VII of the Civil Rights Act of 1964. In U.S. EEOC v. Scott Medical Health Center, the EEOC brought
This article was written by Anè Potgieter, an Associate at Norton Rose Fulbright South Africa
A striking employee can be guilty of derivative misconduct and fairly dismissed if the employee fails to come forward and assist the employer to identify the perpetrators of misconduct during a strike. Derivative misconduct includes the failure to disclose information
This post was also contributed by Dimitri Schaff, Trainee, Norton Rose Fulbright LLP (Munich).
Currently, about one quarter of all employment relationships in Germany are based on part-time models, the proportion of part-time to full-time employees having increased by about 12 per cent since 2001. Furthermore, as a result of the implementation of the EU
A series of recent cases demonstrates that the Fair Work Commission (FWC) will, with increasing frequency, revoke or suspend union entry permits following findings of contraventions of the Fair Work Act 2009 (Cth) (FW Act).
So far this year, in 3 separate cases, the FWC has suspended or revoked the entry permits of 7 officials of the CFMEU following findings that the union officials misused their right of entry permits. See Fair Work Commission v Roberts [2016] FWC 4052 (29 June 2016), Director, Fair Work Building Industry Inspectorate v Vink [2016] FWC 2512 (20 April 2016), and Director, Fair Work Building Industry Inspectorate v CFMEU [2016] FWC 811 (7 March 2016).
An entry permit is an essential requirement for a union official to have and exercise a statutory right of entry to workplaces under the FW Act. This right of entry is a key tool used by union officials for the purpose of discussion with members and potential members, including for recruitment, and investigation of compliance by employers. However, it is a right susceptible to misuse and abuse in a manner significantly disruptive to an employer’s operations.
For many employers, the arduous task of reviewing and revising an employee handbook may occur as infrequently as every leap year, or worse, only after a law suit has been filed. However, recent decisions by the National Labor Relations Board (Board) should cause employers to take a much closer look at their employee policies and
Under French employment law, part-time employees enjoy rights identical to those granted to full-time employees by law, collective bargaining agreements and company agreements employees.
Consequently, there exists a principle of equality between part-time and full-time employees, such that part-time employees enjoy either the same or proportional rights as those so full-time employees.
Part-time employees enjoy