Tag archives: collective agreement

French employment code reform: Focus on collective negotiation

On September 22, 2017, French President Emmanuel Macron signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were immediately published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in labour-management relations. Several provisions of this … Continue reading

Collective agreements may prevail over some Bill 148 scheduling provisions

Those of you who have been following this series of blogs will know that Bill 148 ESA amendments generally apply to unionized workplaces as of the effective date of the particular amendment.  There are a few limited exceptions, however. In yesterday’s post, we addressed how employers with unionized employees may find temporary relief from the … Continue reading

“Equal pay for equal work” provisions in a collective agreement may prevail over Bill 148 ESA amendments

As we explained in yesterday’s post, the Bill 148 amendments to the ESA minimum standards will generally apply to unionized workplaces as of the effective date of the particular amendment. However, there are two circumstances in which a collective agreement provision in effect on April 1, 2018 will temporarily prevail over certain Bill 148 amendments … Continue reading

Significant changes to French employment code to enter into force no later than January 1st, 2018

French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were immediately published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in labour-management relations. Several provisions of this ambitious reform – … Continue reading

What is the latest on employees’ rights in the event of redundancy in Germany?

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 … Continue reading

The (latest) reform of the French employment code is ongoing

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 … Continue reading

Overtime Entitlement Did Not Extend to Time Spent at Labour Management Meetings

In Fabrene Inc. v International Association of Machinists and Aerospace Workers, Local Lodge 2922 employees who were Union Grievance Committee (“UGC”) members unsuccessfully argued that the hours they spent attending Labour Management meetings on their days off constituted compensable overtime. Factual Background The UGC members worked 12-hour day shifts on Monday and Tuesday, 12-hour night … Continue reading

Key employment law developments expected in 2017

A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment. Reform of laws regarding personnel leasing One of the main developments in 2017 will … Continue reading

Key French employment law developments in 2017

As 2017 is a Presidential election year in France, we do not expect major changes in employment legislation to occur in France in the near future.  However, this does not mean that French employment lawyers will be unoccupied. First and foremost, the El Khomri law (dated 8 August 2016), which significantly modified the employment law … Continue reading

What rights do workers have to rest breaks in Germany?

This post was also contributed by Sebastian Kutzner, Trainee, Norton Rose Fulbright LLP (Munich). Due to increasing demands for a work life balance, uncertainty as to employees’ rights to rest periods, in particular, is widespread. German law distinguishes between two types of rest periods: Rest breaks (to be granted during working time); and Resting time … Continue reading

Federal unionized employers – Proposal for anti-scab provisions rejected

In March 2016, we issued a legal update discussing Private Member’s Bill C-234. This Bill, tabled by the NDP, proposed the introduction in the Canada Labour Code of measures comparable to the anti-scab provisions contained in the Québec Labour Code. This NDP proposition was undertaken to support longstanding unions’ demands – in the past, similar … Continue reading

Recent Ontario decision confirms that social media spaces are part of the workplace

The Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance), [2016] O.L.A.A. No. 267 decision deals with the use of social media in the workplace, and to what extent employers are required to manage their accounts in a way that protects their employees. The employer created a Twitter account for … Continue reading

NLRB allows student assistants to form union

In the much anticipated Columbia University decision, the National Labor Relations Board reversed its most recent precedent and held that student teaching assistants at private colleges and universities are statutory employees under the National Labor Relations Act and may therefore vote to form a union.  This decision is a return to an earlier decision by … Continue reading

What’s in a grade?  

  The beginning of summer break for students across Ontario also means the release of their final grades. While student evaluation is only one part of a teacher’s job, it is crucial for the integrity of the school system and for students’ post-secondary education opportunities. In the recent decision Fernandes v Peel Educational & Tutorial … Continue reading

Testing the limits of reasonableness: Alberta Court quashes arbitration decision on random drug testing.

In the recent decision of Suncor Energy Inc v Unifor Local 707A, 2016 ABQB 269 [Suncor] the Court of Queen’s Bench found that an arbitration board’s decision was unreasonable and sent it back for rehearing by a fresh panel. The decision stems from the implementation of a random drug and alcohol testing policy in 2012. … Continue reading

Reform of the German Law on Temporary Employment

This post was also contributed by Bastian Semmel, International Trainee, Norton Rose Fulbright LLP (Frankfurt). With effect from 1 January 2017, the German legislation on temporary employment will be reformed, as the Federal Cabinet recently passed a draft law regarding this matter on 1 June 2016. These changes are designed to address the misuse of temporary … Continue reading

Arbitrator Upholds Termination of Nurse for Patient Privacy Breaches

There is a growing body of arbitral jurisprudence upholding summary dismissal of employees who breached workplace codes of conduct, confidentiality and privacy policies by deliberately snooping into co-worker or client records without any legitimate purpose and for reasons of their own.  A number of these cases have concerned privacy breaches by hospital employees.  Ontario Nurses’ … Continue reading

Is it possible for employers to change the terms of employment contracts?

At first sight, the answer to this question would be: only by mutual agreement. But once you take a closer look there are many ways and situations that make it possible for an employer to unilaterally change the contractual terms. Collective bargaining agreements (CBAs) are binding for members of those employers’ associations (firms)  and labour … Continue reading

Alberta’s Bill 4: Essential Services and the Supreme Court of Canada

The Alberta government recently introduced Bill 4, An Act to Implement a Supreme Court Ruling Governing Essential Services, which proposes to extend the right to strike to certain public-sector workers. Alberta has traditionally banned strikes and lockouts involving most public-sector employees. However, in the 2015 decision Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4, … Continue reading

When Collective Agreements and the ESA collide

When can a collective agreement deviate from the law? In a recent Ontario arbitration decision, the issue arose of whether a work schedule in agreed to in collective bargaining failed to comply with the Hours of Work provisions in the Ontario Employment Standards Act, 2000 (“ESA”). Section 18 of the ESA requires employees to have certain amounts … Continue reading

Collective Agreements vs. Charter Rights in Nova Scotia

When a collective agreement is negotiated, compromises are often made.  Benefits are given to some but not all employees. However, this can risk being viewed as discriminatory – depending on who receives the new benefits and who does not. In a recent case before the Nova Scotia Court of Appeal, IAFF, Local 268 v Adekayode, it was examined … Continue reading

To name or not to name, that is the question…

Surprisingly, name tag policies have become the subject of recent litigation and labour board decisions on the topic have been hitting the news. However, the resulting litigation still leaves room for debate. In the recent decision of Prairie North Health Region v Canadian Union of Public Employees, Local 5111, an arbitration board in Saskatchewan held that the policy … Continue reading

What implications does a change in the ownership of a business have for employment?

In Quebec, many legal consequences must be considered when the alienation or concession of a business occurs, especially those that are related to labour relations. More specifically, what implications does a transfer as such have on the alienated or licenced business’ employees? In order to answer this question, it is of utmost importance to first … Continue reading
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