Tag archives: Employment & Labour

Update on case involving whether employee can be compelled to give evidence in a coronial inquiry

Nicki MilionisBy Nicki Milionis on Posted in Australia
The Full Court of the Federal Court of Australia (Full Court) handed down its decision on 15 February 2019 in Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25.  The case involves an appeal to the Full Court by Helicopter Resources Pty Ltd (Helicopter) arising from a decision of the Federal Court which … 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

What happens a firm’s internal regulations following a TUPE transfer ?

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
Under French employment law, the application of TUPE regulations triggers specific consequences not only with regard to an employee’s employment contract, which is transferred automatically by operation of law, but also on the employees’ collective status. In this respect, a recent decision of the French Supreme Court has specified what happens to a company’s internal … Continue reading

Ontario Delays Pay Transparency Act Coming Into Force

Maxwell RadwayBy Maxwell Radway on Posted in Canada
The Ontario government has delayed the coming into force of the Pay Transparency Act (the Act) from January 1, 2019 to “a day to be named by proclamation of the Lieutenant Governor”. The change comes as part of Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, which received royal assent on December 6, 2018. … Continue reading

Bill C-86 Receives Royal Assent: New Leaves, Greater Notices, Proactive Pay Equity & More

Stéphane EricksonBy Stéphane Erickson on Posted in Canada
Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (the “Bill”), received Royal Assent on December 13, 2018. As noted in our previous publications on the Bill’s amendments to the Canada Labour Code (the “Code”) and the introduction of the new (proactive) … Continue reading

Singapore: “Watershed” Amendments to Employment Legislation

Mathias GohBy Mathias Goh on Posted in Asia Pacific, Singapore
Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore. The single most significant legislative … Continue reading

Bill 47: Making Ontario Open for Business Act, 2018 – Employment Standards Act, 2000 Considerations

Maxwell RadwayBy Maxwell Radway on Posted in Canada
Overview On October 23, 2018, the Ontario Government announced its much anticipated legislation in relation to employment and labour law matters. The legislation, dubbed the Making Ontario Open for Business Act, 2018 (Bill 47), will remove or modify many of the obligations placed on Ontario employers by way of the Fair Workplaces, Better Jobs Act, … Continue reading

Bill 47: Making Ontario Open for Business Act, 2018 – Labour Relations Act Considerations

Maxwell RadwayBy Maxwell Radway on Posted in Canada
Overview On October 23, 2018, the Ontario Government announced its much anticipated legislation in relation to employment and labour law matters. The legislation, dubbed the Making Ontario Open for Business Act, 2018 (Bill 47), will remove or modify many of the obligations placed on Ontario employers by way of the Fair Workplaces, Better Jobs Act, … Continue reading

Italian Constitutional Court partially repeals Jobs Act rules – What’s next?

Attilio PavoneBy Attilio Pavone on Posted in General
The Italian Constitutional Court (the “Court”) has partially repealed the “Jobs Act” reform of 2015 that introduced, among other things, a predictable calculation criteria for the monetary compensation to be paid in case of unlawful dismissal (2 months’ salary for each year of service, with a minimum threshold and a maximum cap). The full decision … Continue reading

Cannabis and the U.S. border – a complex relationship

Rika SawatskyBy Rika Sawatsky on Posted in Canada
Recreational cannabis will become legal in Canada effective October 17, 2018.  However, taking cannabis or any product containing cannabis (whether medicinal or recreational) across Canada’s international borders will remain illegal and can result in serious criminal penalties both domestically and abroad.  This prohibition applies equally to individuals travelling to or from a jurisdiction where cannabis … Continue reading

Dismissal for misconduct cannot be based (solely) on anonymous reports

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France, Whistleblowing
Anonymous reports have been mistrusted for a number of years in France, for historical reasons. While anonymity enables individuals to raise their voice more openly, without being the targets of retaliation measures, it can also drift into slander. This explains a specificity of French law under which whistleblowers using ethicals lines are strongly encouraged to … Continue reading

Enterprise bargaining and the 7 day access period

Helene LeeJames CoxBy Helene Lee and James Cox on Posted in Australia
There are a number of timelines under the Fair Work Act 2009 (Cth) (FW Act) to be aware of when making and applying for approval of a single enterprise agreement.  If these timelines are not complied with, it is likely that the agreement will not be approved by the Fair Work Commission (FWC).  One such … 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

Can a dismissal letter be signed by an individual belonging to a holding entity?

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
Dismissal procedures are highly regulated in France including with respect to the identity of the individual who is entitled to conduct the procedure and sign the dismissal letter; such person must -by definition- be the “employer” .  However, some flexibility has been introduced over the years by French case law, and a recent decision of … 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

Le temps de trajet des salariés itinérants n’est (définitivement) pas du temps de travail effectif

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
La détermination du temps de travail effectif des salariés est un sujet complexe, et l’enjeu est considérable pour les salariés dans la mesure où ce temps de travail effectif a un impact direct sur leur rémunération. C’est encore plus vrai pour les salariés itinérants, dont les fonctions impliquent des temps de trajet importants (notamment entre … Continue reading

AHRC launches national inquiry into sexual harassment in Australia

Sally WoodwardNicola MartinBy Sally Woodward and Nicola Martin on Posted in Australia, Discrimination and harassment
The Australian Human Rights Commission (Commission) has recently launched an inquiry into sexual harassment in Australian workplaces (Inquiry). It seems that the ‘watershed’ moment that the #MeToo campaign was hailed as, has indeed driven the momentum to keep the issue alive and for meaningful action to come from it. There can be little argument that … Continue reading

It Takes Two to Tango: Employee-duties in the Accommodation Process

Taryn MackieBy Taryn Mackie on Posted in Canada
In 2012, Statistics Canada reported that 11% of the population aged 25 to 64 (or 2.1 million people) reported having limitations caused by a physical or mental disability, with conditions ranging from hearing loss, to visual impairment, to mobility challenges, to pain, to mental health conditions.  As our population ages, disability-related conditions are only projected … Continue reading

Can a claim for compensation for unused holidays be inherited following an employee’s death during employment?

Cornelia MarquardtBy Cornelia Marquardt on Posted in Europe, Germany
Pursuant to Sec. 7 para. 4 of the German Federal Leave Act (Bundesurlaubsgesetz) payment in lieu of accrued but untaken holiday is only possible if it cannot be taken due to the termination of the employment. On termination of the employment, the holiday entitlement automatically transforms into an entitlement to compensation. In the event of … 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

Issues of employment status in France

Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading
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