Probation is common for new employees. Probationary periods can provide employers the opportunity to assess new hires in the real work environment. If an employee is not suitable, the employer may have the opportunity to end the relationship in the early months of employment with little or no liability. There are a number of potential
March 2017
Failure to Implement Workplace Harassment and Violence Policies can be Costly for Employers
Recent enforcement action under Ontario’s Occupational Health and Safety Act (“OHSA”) serves as a stark reminder of an employer’s obligation to implement workplace harassment and violence policies and programs in the workplace. A security company (the “Company”) was recently fined $70,000.00 for non-compliance with orders issued under OHSA.
After receiving information about…
What is the latest on employees’ rights in the event of redundancy in France?
Dismissing an employee due to economic difficulties is extremely delicate in France. A law dated 8th August 2016 has specified the definition of the economic grounds for dismissals, providing that economic difficulties are, in particular, characterized by a significant evolution of an indicator such as a significant drop of turnover, a significant drop in purchase…
“Facially unacceptable” – An inexcusable ground for discrimination
This article was written by Purnel Gangiah, a Candidate Attorney at Norton Rose Fulbright South Africa
The mere fact that an employer considers an employee to be disabled does not necessarily mean that the employee is in fact disabled and cannot fulfill its normal duties at work.
In Smith v Kit Kat Group (Pty) Ltd…
Ontario Human Rights Tribunal: Subjective belief can trump facts
Chodha v. 1352866, 2016 HRTO 1241 demonstrates that human rights tribunals will consider an employer’s bona fide subjective belief in deciding whether the employer has provided a reasonable explanation for apparently discriminatory conduct. Indeed, the employer’s belief may take precedence over factual circumstances, as they did in this case.
The case involved the termination…
Deeds of release may be set aside if they are brought about as a consequence of unlawful discrimination
The Federal Circuit Court of Australia (FCCA) has found that the Court has the power under s46PO(4) of the Australian Human Right Commission Act 1986 (Cth) (AHRC Act) to set aside a deed of release, where the deed comes into existence as a consequence of unlawful discrimination.[1]
Upon Further Review… Minister of Labour Announces Major Review of Alberta’s Employment and Labour Laws
On March 13, 2017, the Alberta government announced that they would be proceeding with a review of Alberta’s workplace laws, including the Labour Relations Code and the Employment Standards Code. In a public mandate letter addressed to Arbitrator Andrew C.L. Sims, Q.C., the Minister of Labour identified a number of specific considerations that will form…
The necessity of adopting a sensitive consultation process in the event of redundancy
This post was contributed by Jahan Meeran, Trainee Solicitor, Norton Rose Fulbright LLP, London
A recent decision of the Employment Appeal Tribunal (EAT) illustrates the pitfalls of not adopting a sensitive consultation process in the event of redundancy..
In the case, the claimant had been employed by the property management division of his employer for …
Ontario Ministry of Labour Clarifies the Definition of a Critical Injury
In January of 2017 the Ontario Ministry of Labour issued a clarifying statement on the definition of a Critical Injury under Regulation 834 of the Occupational Health and Safety Act. This clarification will be of interest for all employers facing a potentially reportable injury in the workplace. While not binding, it illustrates what the…
When an employer hides another employer
Dual employment is a sensitive subject in French employment law as it enables employees to raise claims against a different employer from that with which the employment contract was signed.
The matrix-type organisation of groups of companies, which has become the rule, can have adverse consequences if employees have the feeling that they are employed…