August 2017

An employee may be disciplined (including fired) for fraudulent sick leave, but does this include an employee working another job while on sick leave?  Possibly, though employers should exercise caution before pulling the trigger.

In United Food & Commercial Workers, Local 1518 (Sidhu Grievance) v. Sobeys West. Inc., [2016] B.C.C.A.A.A. No. 148 [“Sidhu

Employees who commit misconduct and are issued with a notification of disciplinary enquiry, commonly tender their resignation in an attempt to avoid the consequences of disciplinary action and the stigma attached to a dismissal if found guilty.

In order to fully understand whether such resignation deprives an employer of the right to pursue the disciplinary

A recent decision of the Employment Appeal Tribunal has held that employees who regularly work voluntary overtime beyond their contracted hours may now have those payments taken into account in calculating holiday pay.

Article 7 of the Working Time Directive (2003/88/EC) (WTD) provides that workers have the right to at least four weeks’ paid annual

In business, the restructuring of a company (such as by the closure of an individual business unit or a necessary reduction in the number of staff) may result in an employee’s redundancy. However, dismissing an employee by reason of redundancy has strict prerequisites under German law.

The main requirements which must be observed under German

The Posted Workers Directive (Directive 96/71/EC and Directive 2014/67/EU) (the Posted Workers Directive) applies where a company (the Service Provider) in one EU member state, has a contract to provide services to an undertaking in another member state and pursuant to that contract posts workers (Workers) to that other member state.

According to the data published by the French labour administration, mutual termination agreements (ruptures conventionnelles) have never been so popular. Indeed, in June 2017, more than 35,700 mutual terminations agreements have been validated by the French labour Administration.

But why are mutual termination agreements so popular?

First, mutual termination agreements represent – for

Jurisprudence on independent medical examinations (IME) in the context of the employer’s duty to accommodate is sparse.  The Ontario Superior Court of Justice recently provided much-needed guidance in Bottiglia v Ottawa Catholic School Board.  In Bottiglia, the Court held that in certain circumstances, an employer may be justified in requesting

In a previous post on this blog, we discussed how an employer’s non-compliance with workplace harassment and violence provisions of the Occupational Health and Safety Act resulted in a $70,000 fine ordered against the employer. Recently, the Superior Court reminded employers of the importance of ensuring that a harassment-free workplace is maintained and that all

As part of candidate Emmanuel Macron’s program during the Presidential elections campaign, a substantial reform of the French employment Code was promised. After his election as President, French commentators anticipated new changes would be implemented quickly, given Emmanuel Macron’s indications that he wished to go ahead as soon as possible, without too much debate before