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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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. … Continue reading
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 … Continue reading