In a ruling dated November 13, 2025, the French Supreme Court determined that when an employee is hired under a fixed-term replacement contract, the employer must inform the new employee of the dismissal of the employee they have replaced. Failure to provide such notification results in the fixed-term employment contract being reclassified as
Employment & Labour
CDD DE REMPLACEMENT : OBLIGATION POUR L’EMPLOYEUR D’INFORMER LE SALARIE REMPLACANT DU LICENCIEMENT DU SALARIE REMPLACE ET COMMENT CET OUBLI TRANSFORME LE CDD EN CDI
Dans un arrêt du 13 novembre 2015, la Cour de Cassation a jugé dans le cadre d’un CDD de remplacement, que l’employeur devait informer le salarié remplaçant du licenciement du salarié remplacé et que s’il ne le fait pas, le contrat de travail a durée déterminée est alors requalifié en contrat de travail à durée…
From Principle to Practice: Applying the 6 Principles of Trauma-Informed Practice to Workplace Investigations
What employers need to know:
By embedding the six core principles of trauma-informed practice to workplace investigations, employers can create respectful, effective processes that lead to more reliable outcomes and foster a culture of trust. We recommend that employers review and align their policies with psychological safety obligations, and ensure that their investigators are trained…
The importance of drafting clear settlement agreements
A January 2026 judgment of the Labour Appeal Courthighlights the effect of vague drafting within a settlement agreement.
An employee’s alleged unfair dismissal dispute was settled on the basis that “the [employer] agrees to assist with the completion of the forms as required by the [employee], as applicable to the employer.”
The employee…
Labour Law Amendment Bill published for public comment
On 26 February 2026, the Minister of Employment and Labour published the Labour Law Amendment Bill, 2025 for public comment (the Bill). The Bill proposes wide-ranging amendments to the Labour Relations Act, 1995 (LRA), Basic Conditions of Employment Act, 1997 (BCEA), Employment Equity Act, 1998 (EEA), the…
A reminder to employers that amending contractual terms requires agreement
In February 2026, the Labour Court ruled that an employer’s decision to unilaterally abolish the contractual payment of a 13th cheque to its employee amounted to a breach of contract. The court emphasised the trite position that contractual obligations are not optional and cannot be mischaracterised as a workplace practice to avoid obligatory fulfilment.…
NSW Parliament passes Digital Work Systems Bill: what employers need to know
The NSW Parliament has narrowly passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2025, introducing the most significant update to the State’s WHS framework in more than a decade. The reforms, an Australian first, respond to the rapid expansion of AI‑enabled management tools, algorithmic scheduling, digital surveillance technologies and automated decision‑making systems…
Labour Appeal Court clarifies the treatment of plea bargain agreements in disciplinary proceedings
In a January 2026 judgment, the Labour Appeal Court clarified the effect of a plea bargain agreement within internal workplace disciplinary process. Although such agreements are a useful and accepted feature of labour relations, they do not necessarily bind disciplinary chairpersons, and mishandling them can render a dismissal procedurally unfair.
Although more commonplace in…
New rules for temporary agency workers and employment agencies
The new collective Labour agreement (CLA) for temporary agency workers took effect on 1 January 2026. From that date, agency workers are entitled to employment conditions equivalent to those of employees of the hirer in comparable positions. This goes significantly further than the previous hirer’s remuneration rules and aligns with the objectives of the draft…
OECD 2025 update
The OECD has published the 2025 update of the Model Tax Convention (MTC) and its accompanying Commentary. This update contains tightened guidelines on the concept of a permanent establishment, particularly in situations where employees work cross‑border and remotely.
When a company has a permanent establishment in another country, this can have consequences for corporate income…