Tag archives: Employer liability

Claims for holiday pay – Supreme Court holds worker can claim for historic underpayments which are part of a series of deductions

By Amanda Sanders (UK) on October 11, 2023 Posted in Contracts, UK

The Supreme Court has given its judgment in the case of Chief Constable of Northern Ireland v Agnew and ors and dismissed the appeal, holding that the workers could claim back for a whole series of unlawful deductions even where there was a gap of more than three months between those deductions. In this case, … Continue reading

Remuneration of works councils: Liability trap for HR managers

By Claudia Posluschny and Frank Weberndörfer on March 8, 2023 Posted in Europe, General, Germany

The remuneration of employee representatives on works councils is intended to save employers money and at the same time ensure cooperation based on trust. In a recent decision, the German Federal Court of Justice (BGH, 10.01.2023 – 6 StR 133/22) sets strict requirements for the legality of the level of such remuneration and does not … Continue reading

Vergütung von Betriebsräten: Haftungsfalle für Personalverantwortliche

By Claudia Posluschny and Frank Weberndörfer on March 8, 2023 Posted in Europe, General, Germany

Die Vergütung von Betriebsräten soll Arbeitgebern Geld sparen und gleichzeitig eine vertrauensvolle Zusammenarbeit sicherstellen. Der Bundesgerichtshof macht in einer jüngeren Entscheidung strenge Vorgaben zur deren Rechtmäßigkeit (BGH, 10.01.2023 – 6 StR 133/22) und schließt eine mögliche Strafbarkeit wegen vorsätzlicher Untreue bei überhöhten Entgelten nicht aus. Arbeitgeber sollten diese Entscheidung zum Anlass nehmen, ihre bisherige Vergütungspraxis … Continue reading

Germany: COVID-19-vaccination and employment law

By Frank Weberndörfer on February 1, 2021 Posted in Coronavirus, Europe, Germany

In Germany, employers are obliged to take all necessary measures, including those to protect against infection (such as offering working from home, increased hygiene protections, social distancing and behavior) and offering voluntary company vaccination programs, in order to protect the health and safety of the workers in the company and to fulfil their obligations under … Continue reading

Texas’ new open carry law

By Mario Barrera (US) and Stephen Romero (US) on January 15, 2016 Posted in United States

Effective January 1, 2016, licensed Texas residents are permitted to openly carry a handgun. Specifically, the new law authorizes individuals to obtain a license to openly carry a handgun in a shoulder or hip holster, but it continues to prohibit any weapons in 9 specific locations including schools, polling places, courts and court offices, secured … Continue reading

Treating employees fairly: “acquiescing” in discriminatory practices could result in employer liability

By Karen Ainslie (ZA) on March 30, 2015 Posted in South Africa

This article was written by Kelly Armstrong, a Candidate Attorney at Norton Rose Fulbright South Africa A decision recently handed down by the Labour Appeal Court finds that, even where an employer does not itself have a policy or practice which discriminates against an employee, if the employer is associated with another entity which does have … Continue reading