Leading commentary and perspectives on employment and labor law
In the UK, an employee’s notice rights are governed primarily by the terms of the employment contract but are also subject to the statutory right to a minimum period of notice dependent on length of service.
Notice will usually be required to terminate the employment contract lawfully. Exceptions to this, where there are lawful grounds…
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The rights that the employees do have to notice on termination of employment will mostly depend on the termination motive.
According to Colombian labor legislation, employment agreements may terminate (i) without cause; (ii) with cause; (iii) due to the expiration of the term of duration; (iv) due to the termination of the task or…
When a company files for bankruptcy, employees are faced with uncertainty on a number of issues. Everything from outstanding wages to benefit entitlements are suddenly at risk. Further, when a company becomes insolvent, employees are often laid off in circumstances that fail to satisfy statutory or common law notice period entitlements. However, under the Bankruptcy…
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Probationary periods serve an important role in ensuring that employers hire the right person for the job, but what are an employer’s legal obligations when terminating a probationary employee? Specifically, if an employer ultimately decides to terminate a probationary employee, is that employee entitled to reasonable notice of his or her dismissal? Unfortunately, there is…
The legal context
Under French employment law, employers are entitled to provide for a trial period in the employment contract during which they are allowed to terminate the contract without being required to follow a dismissal procedure or to justify the termination on real and serious grounds. Such trial period cannot exceed a certain duration…
As he heads into the final year of his presidency, and in the face of continued Congressional impasse, President Obama continues to exercise his executive authority to issue directives targeting the federal contractor workforce.
A new executive order requires that federal contractors offer employees up to seven days of paid sick leave. Eligible employees will…
Can hospitals implement policies that require nurses to get a flu shot or wear a mask? An Arbitrator in Ontario says no. This has left about 30 Ontario hospitals who implemented such policies unable to enforce them.
The test case involved Sault Area Hospital (“SAH”) in Sault Ste. Marie. The hospital introduced…
In previous posts we have examined the “workplace rights” limb of the adverse action jurisdiction in the Fair Work Act 2009 (Cth) (the Act) – specifically the protection given in relation complaints. The issue has been considered again in a recent decision of the Federal Circuit Court.
