Tag archives: employer’s liability

Death during sexual intercourse qualified as a work-related accident

Laure JoncourBy Laure Joncour on Posted in Europe, France
During a business trip to a construction site, an employee was found dead of a heart attack in a room after having had sexual intercourse with a “complete stranger” he met during the day. The employer completed the usual formalities by informing the social security authorities of the death and the circumstances. The social security … Continue reading

What are an employer’s chances of overcoming an employee’s claim for overtime in France ?

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
The basic working time arrangement in France is 35 hours per week, and although there are a number of alternative working time arrangements potentially available, this is still the one that applies to the majority of French employees. However, this is not a maximum working week – employees working beyond that amount are entitled to … Continue reading

The beginning of a revolution (by the French lower courts) ?

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations. One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting … Continue reading

The dangerous combination of the right to disconnect and the concept of on call-duty

Laure JoncourBy Laure Joncour on Posted in Europe, France, General
French law implemented in 2017 the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours. The purpose of this legislation is to protect the employees’ work-life balance and their right to rest periods. The law did not provide details of how employers should implement the … Continue reading

Tort liability: other grounds for bringing actions against a parent company in French employment litigation

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
It is a fact of life in French employer-employee relations that employees have no hesitation in bringing actions against their employer, in particular following termination of an employment, and that litigation is therefore not just a virtual weapon. Not only do employees sue their employer but, where the employer is a part of a group … Continue reading

Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany

Global Workplace InsiderBy Pia Popp on Posted in Europe, Germany
German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists … Continue reading

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

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
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

Mitigation Income and Wrongful Dismissal Damages – The Court of Appeal Muddies the Waters

Jennifer HodginsBy Jennifer Hodgins on Posted in Canada
The Wrongful Dismissal – What Happened? Esther Brake worked for McDonald’s for over twenty-five years, first in Cornerbrook, Newfoundland, and then as a restaurant manager in Ottawa. She had received nothing but excellent reviews for years, but in 2011 she was suddenly told her performance was inadequate and that she had two options: accept a … Continue reading

What French employers must do in case of heatwave?

Global Workplace InsiderCamille ChabrolinBy Elodie Grangier and Camille Chabrolin on Posted in Europe, France
Summer is coming and temperatures are rising and may become unbearable, especially for these employees working outdoors / performing manual labour. Too much warmth can affect employees and can cause exhaustion, headache, fainting, or dehydration. Therefore the impact on employees’ health can be significant. From a French employment law perspective, employers have a very general … Continue reading

Le devoir de vigilance : une obligation renforcée

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
L’obligation de vigilance est une obligation faite aux entreprises de prévenir les risques sociaux, environnementaux et de gouvernance lié à leurs activités. La loi du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d’ordre, publiée le 28 mars 2017 au Journal Officiel, renforce l’obligation de vigilance. Le devoir … Continue reading

When an employer hides another employer

Global Workplace InsiderBy Elodie Grangier and Pauline Disdier on Posted in Europe, France
Dual employment is a sensitive subject in French employment law as it enables employees to raise claims against a different employer from that with which the employment contract was signed. The matrix-type organisation of groups of companies, which has become the rule, can have adverse consequences if employees have the feeling that they are employed … Continue reading

New protection of French whistleblowers under the Sapin II Law

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France, Whistleblowing
Much attention was focused recently on President Obama’s decision, in the final days of his presidency, on commuting the sentence of Chelsea Manning, who provided certain classified information to WikiLeaks. In France, new legislation has recently been passed and implemented harmonizing the protection of whistleblowing employees (https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=4BBFD240827AF0FD9A6340FF254E6F1B.tpdila21v_3?cidTexte=JORFTEXT000033558528&categorieLien=id). Who is concerned? Under the new regulation, whistleblowers … Continue reading

Ontario Court of Appeal rules on the Duty to Mitigate in Howard v. Benson Group

John MastorasBy John Mastoras on Posted in Canada
The Ontario Court of Appeal recently considered the common law principles of reasonable notice and the duty to mitigate in the context of fixed-term employment contracts in Howard v Benson Group Inc. Howard, the plaintiff, was employed at an automotive service centre pursuant to a five-year fixed term contract. He was terminated without cause around … Continue reading

Second Circuit’s decision expands liability for discrimination under “cat’s paw” doctrine

Samantha Beltre (US)By Samantha Beltre (US) on Posted in Discrimination and harassment, United States
You may be familiar with the Aesop fable in which a monkey convinces a naïve cat to burn his paw in order to pull chestnuts from a hot fire for their mutual satisfaction but then eats all the chestnuts himself. This “cat’s paw” doctrine, as it has been coined in employment litigation, has been applied … Continue reading

Improper Comments on Social Networks: A Serious Cause Justifying Dismissal?

Caroline JodoinBy Caroline Jodoin on Posted in Québec
The employment contract of a “Montreal Impact Academy’s U14” team coach was recently terminated as he made racist comments on his private Facebook page following the defeat of France against Portugal in the Euro 2016 final. In a news release, the Montreal Impact shortly dissociated itself from these comments, considering that they were totally unacceptable … Continue reading

To what extent can employers be held vicariously liable for the acts of their employees and others in France?

Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
The issue of the liability the employers can face as a result of the acts and/or omissions of their employees is a recurring aspect of employee management in France. There are no specific employment rules per se governing the extent to which the employers can be held vicariously liable for the acts of their employees. … Continue reading

Vicarious Liability – When does it arise?

Global Workplace InsiderBy Amanda Sanders on Posted in Europe, UK
Two recent decisions of the UK Supreme Court have considered the doctrine of vicarious liability and effectively extended it to a wider range of circumstances. In the UK an employer can be held liable for the tortious acts committed by an employee in the course of their employment.   Courts will consider whether there is a … Continue reading

Practical Implications of Bhasin: Good Faith in Exercising Discretionary Power

William J. ArmstrongBy William J. Armstrong on Posted in Canada
Since Bhasin v Hrynew, 2014 SCC 71, courts have been applying  the “organizing principle” of good faith in all contractual relationships thereby delinating its scope in different cirucmstances. One recent decision applying this principle addressess the circumstances where an employer excercises a discretionary contractual right to effectively deny an employee his compensation under a benefits … Continue reading

What protection do employees have against race discrimination in Germany?

Wiebke MatternBy Wiebke Mattern on Posted in Discrimination and harassment, Europe, Germany
Due to the large number of refugees now living in Germany, protection against race discrimination has recently become an issue of greater importance. Under the German Anti-Discrimination-Act, which is derived from European directives, all employees in Germany, including apprentices and job applicants, are legally protected against discrimination on grounds of race or ethnic origin. In … Continue reading
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