Tag archives: collective agreement

Grievance: a provable claim within the meaning of the Companies’ Creditors Arrangement Act and Bankruptcy and Insolvency Act

Global Workplace InsiderBy guestauthor on Posted in Canada, General, North America
This post was contributed by Philippe Levac (Norton Rose Fulbright’s Montréal office) Norton Rose Fulbright’s Employment and Labour Team in Montréal raised a preliminary objection against an arbitrator’s jurisdiction on the basis of orders rendered pursuant to the Companies’ Creditors Arrangement Act (“CCAA“), which was upheld and led to the dismissal of the grievance. In … Continue reading

The Charter of Values in Québec

Photo of Éric LallierBy Éric Lallier on Posted in Canada, Discrimination and harassment, North America, Québec
In the wake of the Bill 60 debates currently taking place in Quebec, we suggest an analysis of the possible consequences, with regards to labour relations, of the Charter affirming the values of State secularism and religious neutrality and of equality between women and men, and providing a framework for accommodation requests (“Charter“). Indeed, it … Continue reading

Employers Require Evidence to Support Restrictions on Tattoos and Piercings in the Workplace

Global Workplace InsiderBy guestauthor on Posted in Canada
This post was contributed by Peter MacTavish, Associate, Norton Rose Fulbright Canada LLP (Ottawa) and Brittany Hinds, summer student, Norton Rose Fulbright Canada LLP (Ottawa) A recent arbitral decision invalidating the Ottawa Hospital’s restrictions on employee piercings and tattoos is yet another reminder that employers must have objective evidence to support the implementation of professional … Continue reading

French Supreme Court rules flexible working time for companies subject to the “SYNTEC” CBA invalid

Global Workplace InsiderBy Elodie Grangier on Posted in France
Over the past few years, French case law has subjected to increasingly strict scrutiny employers using “forfait jours”, which is a specific method of working time for autonomous executives (whose working time is calculated as a number of days over the year rather than a number of hours per week). In 2011, the French Supreme … Continue reading

When is a true casual employee not a true casual?

Global Workplace InsiderBy guestauthor on Posted in Australia
In an important decision that effectively reverses how employers assess whether their award or agreement covered employees are ‘true’ casual employees under the Fair Work Act 2009 (FW Act), the Full Bench of the Fair Work Commission (the Commission) has held that the characterisation of “casual employee” should be solely based on the specific definition … Continue reading

The ongoing dispute over the Victorian Building & Construction Code and Guidelines

Global Workplace InsiderBy guestauthor on Posted in Australia, Contracts
Eco Recyclers Pty Ltd (Eco), a contractor that performs demolition work in the construction industry, has become drawn into a larger dispute between the Construction, Forestry, Mining and Energy Union (CFMEU) and the Victorian Government, in relation to the Government’s “Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry” (the … Continue reading
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