Tag archives: compensation

Supreme Court awards employee compensation amounting to 5% of the revenue of outstandingly profitable patent in Shanks v Unilever

The ownership of a company’s intellectual property is a sensitive subject for many companies. A recent case considered the compensation an employee may be entitled to under the Patents Act 1977 where the patents are held to be of outstanding benefit to the employer.

As it is often a company’s employees who create intellectual property, it is vital that the company’s interests are safeguarded in this respect. The general position in the UK is that intellectual property created by employees in the course of their normal duties of employment is automatically owned by their employer, and that this applies also … Continue Reading

What measures are in place (or proposed) to address gender pay inequality in the workplace?

Efforts to reduce gender pay inequality have been rising all around the globe, without Colombia being an exception. The challenge of gender inclusiveness has to do with generational aspects that have brought cultural changes, including the evolution of women’s role in society.

Colombian government has implemented initiatives to improve working conditions. Such initiatives have generated conscience against discrimination associated with gender and increased the opportunities to find a position or to be promoted to higher ones.

In 2013, the government implemented a special program named National Program of Labor Equity with a Gender Differential Focus (Programa Nacional de Equidad Continue Reading

Moral harassment: an employee victim of harassment can be compensated twice

Legal context

French employment law strictly prohibits acts of moral harassment within a company, employers being required to take all measures necessary to prevent such situations from occurring in the first place. Applicable sanctions in the event of breach of such prohibition can be particularly severe since the employer can face penal sanctions as well as having any act taken in violation of such prohibition being declared null and void. The victim of such acts can also seek the civil liability of the employer and obtain the payment of damages for any loss suffered as a result of the harassment. … Continue Reading

Case Brief: On workers’ compensation for federal government employees

The Supreme Court of Canada upheld an Alberta Court of Appeal decision addressing the principles of compensation application to federal government employees covered in Martin v. Alberta (Workers’ Compensation Board), 2014 SCC 25.

The Alberta Court had restored a workers’ compensation Appeals Commission decision that had assessed and denied the compensation claim of a Parks Canada warden by reference to the entitlement criteria set out in an Alberta WCB policy. The Court of Appeal held that the warden’s claim for psychological/psychiatric injury was properly dealt with on the basis of the Alberta policy.

The Supreme Court agreed, holding that … Continue Reading

Employees’ rights on redundancy in South Africa: A no-fault dismissal

This article was written by Jonathan Jones, an associate at Norton Rose Fulbright South Africa

In South African employment law, there are only three fair reasons for a dismissal:

  • the employee’s misconduct;
  • the employee’s incapacity; or
  • the employer’s operational requirements (retrenchments).

A dismissal for operational requirements is viewed as a “no-fault dismissal” as it can result in the dismissal of an employee who has committed no wrongdoing and is perfectly capable of performing his/her job.  This principle of “no- fault” is key to the proper interpretation and application of the substantive and procedural requirements for a fair retrenchment.

First and … Continue Reading

Variable remuneration: a motivational tool to use with caution

It is common practice for companies to pay their employees a variable remuneration based on their performance. Such remuneration has become an increasingly popular component of employee compensation as it constitutes a very effective way of ensuring employee commitment.

French case law permits such remuneration but lays down strict conditions to be complied with. Consequently, variable pay is acceptable provided that such remuneration is based on objective criteria beyond the sole control of the employer, does not result in payment below the minimum wage and complies with the general principle of equal work for equal pay.

It is tempting for … Continue Reading