Tag archives: notice

New law to ensure furloughed employees receive full redundancy payments

The UK Government has published legislation, which will ensure that all furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate.

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the Regulations) ensure that various statutory entitlements based on a week’s pay and connected with the termination of employment are not reduced as a result of an employee being furloughed under the Coronavirus Job Retention Scheme. The entitlements included in the Regulations are:

  • redundancy pay for those with more than 2 years’ continuous service who are made redundant and
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Reduction in work considerations for New York employers during the COVID-19 pandemic

It has been nearly one month since the “New York on PAUSE” Order was implemented to combat the effects of the COVID-19 pandemic.  Yesterday, Governor Cuomo announced that the Order will be extended until May 15, 2020, requiring non-essential businesses across New York to remain closed for at least an additional month.  With these ongoing restrictions, employers continue to navigate the evolving legal landscape with the understanding that business interruptions may not be as temporary as initially anticipated.  To stay afloat amidst these disruptions, companies may have to make difficult business decisions, including implementing layoffs, furloughs, and pay reductions for … Continue Reading

Notice rights: what rights do employees have to notice on termination of employment in France?

Under French employment law, the termination of an employment contract by either of the parties must be preceded by a notice period during which the employment contract remains effective and binding on both parties.

Such requirement of prior notice is provided by the law particularly in case of resignation, dismissal (except in case of gross and willful misconduct of the employee) or voluntary and involuntary retirement.

Performance of the notice

In principle, the employee must continue to work during the notice period, and in turn the employee will receive his/her usual remuneration since the employment contract is fully maintained during … Continue Reading

Termination notice awarded beyond expiry of fixed term

In the recent decision of Thompson v Cardel Homes Limited Partnership, 2014 ABCA 242, the Alberta Court of Appeal considered the difference between constructive dismissal and simply not renewing a fixed-term employment contract.

The employee in that case was hired as a senior executive for a two-year term and his contract was subsequently renewed for an additional year. His second fixed-term contract included a clause requiring that he receive a 12-month severance payment in the event of early termination. A month before his contract was due to end the employee was informed that it would be not renewed. … Continue Reading

Evidence of inducement leads to enhanced notice period

In its recent decision of Rodgers v CEVA, 2014 ONSC 6583, the Ontario Superior Court considered both what it means to induce someone to leave their job and the implications of that inducement upon termination.

Rodgers had been employed by CEVA as its Canadian Country Manager, CEVA’s most senior Canadian position, for just under 3 years when his employment was terminated with two weeks’ pay in lieu of notice. Before joining CEVA, Rodgers had been the President of one of CEVA’s competitors. An employee of CEVA approached Rodgers in 2009 and asked if he would be interested in … Continue Reading

No Just Cause for Employee Punch

In the recent decision of Phanlouvong v Northfield Metal Products (1994) Ltd, 2014 ONSC 6585, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal.

The employee in question was terminated for cause and without notice after a workplace incident in which the employee punched another employee in the face. The incident arose when an employee  bumped into the plaintiff. Feeling harassed, the plaintiff demanded an apology, and when he did not get one punched the other employee in the face. The victim of the punch was suspended for 1 week for … Continue Reading

Is notice of dismissal a dismissal under the Fair Work Act?

In a novel decision, the Fair Work Commission (the FWC) has held that it has jurisdiction to hear an unfair dismissal application under the Fair Work Act 2009 (FW Act) that was made after the employer has given notice of termination, but before the employment relationship ended.

In Mr Michael Kovac v Aboriginal Legal Service (NSW/ACT) Limited [2013] FWC 6832, Senior Deputy President Drake heard an objection by the Aboriginal Legal Service (the ALS) to the Applicant’s claim. ALS submitted that the FWC did not have jurisdiction to hear the application as it was filed … Continue Reading