March 2017

In the recent case of Skinner et al v Asciano Services Pty Ltd T/A Pacific National Bulk [2017] FWCFB 574 the Full Bench found that an employer breached its obligation to explore redeployment options under s.389(2) of the Fair Work Act 2009 after making 7 of its employees redundant without properly considering job swaps and voluntary redundancies with other employees.  These 7 employees who had previously had their unfair dismissal applications dismissed, consequently had their applications remitted for re-hearing.

The Court of Appeal for Ontario has recently issued a decision that should serve as a stark reminder to employers to treat employees respectfully and in good faith throughout the termination process. Where an employer’s behaviour dips below a threshold level of decency during the course of a termination, the employer may find itself exposed…

In a new webinar, lawyers from the firm discuss the new requirements for Ontario employers to prevent sexual violence and harassment in the workplace after amendments to Bill 132 came into effect on September 8, 2016. The new requirements revise the definition of “workplace harassment”, impose new requirements for workplace harassment prevention programs and establish…

Over the past month there has been a lot of press and speculation about the status of the changing Workplaces Review and, in particular, when we can expect the final report of the special advisors, former union-side labour lawyer C. Michael Mitchell and former Ontario Superior Court judge and management-side labour lawyer John C. Murray.…

A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal.

The defendant employer, Canada’s leading nuclear energy agency, is required to comply with government rules respecting site access security clearance.  As such, candidates for employment are required…

On 7 March 2017, one year after the implementation of the Senior Managers and Certification Regime (SM&CR) which was introduced to improve accountability in the financial services sector, two further requirements have come into effect: The regulatory reference requirements; and the rolling out of the Conduct Rules to a wider range of employees.

Regulatory references…

In a policy statement released early last month, the Ontario Human Rights Commission (the “Commission”) clarified its position on the scope of medical documentation that employees need to provide when making disability-related accommodation requests to their employers. The policy statement supplements the existing Policy on Ableism and Discrimination Based on Disability, and reminds employers that…

This article was written by Mlungisi Khambule, an Associate Designate at Norton Rose Fulbright South Africa

The duty to consult appears throughout labour law.  It is also an important pillar to achieving employment equity in South Africa.  With the wave of department of labour inspections for employment equity compliance persisting, it is important to understand…

Proposed changes to the current Working Conditions Act (Arbeidsomstandighedenwet) (the Act) are expected to have a direct impact on all companies in the Netherlands. The changes will mainly impact on the current relationship with the occupational health & safety service provider (Arbodienstverlener); existing policies in relation to sickness prevention; and…