Tag archives: termination

The fairness of a misconduct dismissal

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in UK
A recent case has considered whether a school was entitled to summarily dismiss a head teacher for her failure to disclose a personal relationship with a convicted sex offender. In the case of Reilly v Sandwell Metropolitan Borough Council Mrs Reilly was dismissed after she failed to disclose her friendship with a convicted sex offender, … Continue reading

Information collected via Facebook cannot – always – be used as evidence against an employee

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Technology is ever-changing, and while in the past evidence of an employee’s misconduct was based mainly on “physical” witnesses and observations, employers might now be tempted to use data obtained through social media as evidence against their employees. At the present time the French Supreme Court has not had many occasions to clarify the manner … Continue reading

The never-ending search for fairness in a termination clause

Photo of Ryan FreemanBy Ryan Freeman on Posted in Canada
Over the course of this past year there have been several important decisions dealing with the enforceability of termination clauses in employment agreements, and how a court is to interpret a clause to determine the employer’s obligations to a departing employee.  The importance of these decisions can be seen by contrasting the financial consequences that … Continue reading

Un salarié protégé peut-il contester la rupture conventionnelle homologuée dont il a fait l’objet devant le juge judiciaire ?

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Discrimination and harassment, Europe, France
Les salariés protégés (représentants du personnel, délégués ou représentants syndicaux, salariés mandatés, etc.) bénéficient d’un statut particulier, eu égard à leur rôle dans l’entreprise. A ce titre, toute modification, et a fortiori, rupture de leur contrat de travail doit être autorisée par l’inspection du travail. La conclusion d’une rupture conventionnelle homologuée, quand bien même il … Continue reading

Recent developments in French employment law regarding financial institutions: How the French Government wants to enhance Paris’ attractiveness as a global financial place

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France
Apart from certain provisions which may be tailored to the relevant situations negotiated by companies or sectors of business through collective agreements (subject to compliance with a number of basic rules and principles), French employment law does not include any specificities in relation to certain sectors of business. In particular, financial institutions are subject to … Continue reading

La présomption d’innocence peut-elle s’opposer au licenciement d’un salarié fondé sur des faits visés par une procédure pénale ?

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
La Cour de cassation a été saisie d’un dossier concernant un salarié de la société Euro Disney, qui avait été licencié à la suite de la découverte, par son employeur, et dans le cadre d’une enquête pénale, du fait que celui-ci avait acheté à l’un de ses collègues des stupéfiants. En effet, au printemps 2012, … Continue reading

What rights does an employer have to suspend an employee in France?

Global Workplace InsiderPhoto of François GuillonBy Elodie Grangier and François Guillon on Posted in Contracts, Europe, France
Under French labour law, there are limited circumstances under which employers may suspend employees. One of the main obligations imposed on employers is to provide employees with work to be performed  (and obviously to pay them in consideration for their work). Breach of this requirement may be considered as a ground for breach of contract, … Continue reading

French employment code reform: Focus on economic dismissals

Global Workplace InsiderPhoto of François GuillonBy Elodie Grangier and François Guillon 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 (the … 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

Termination and Flawed Performance Management Leads to Aggravated Damages Award

Photo of Taryn MackiePhoto of Chanelle WongBy Taryn Mackie and Chanelle Wong on Posted in Canada
Performance management is always a challenge for employers.  Termination for cause on the basis of poor performance is trickier.  The recent decision of Cottrill v. Utopia Day Spas and Salons Ltd., 2017 BCSC 704 (“Cottrill”) is a good reminder of the importance of proactive and proper performance management, especially for underperforming employees. Ms. Cottrill was … Continue reading

What is the latest on employees’ rights in the event of redundancy in Germany?

Photo of Stefanie RadinaBy Stefanie Radina on Posted in Europe, General, Germany
In business, the restructuring of a company (such as by the closure of an individual business unit or a necessary reduction in the number of staff) may result in an employee’s redundancy. However, dismissing an employee by reason of redundancy has strict prerequisites under German law. The main requirements which must be observed under German … Continue reading

Record number of mutual termination agreements signed in France

Global Workplace InsiderPhoto of François GuillonBy Elodie Grangier and François Guillon on Posted in Contracts, Europe, France
According to the data published by the French labour administration, mutual termination agreements (ruptures conventionnelles) have never been so popular. Indeed, in June 2017, more than 35,700 mutual terminations agreements have been validated by the French labour Administration. But why are mutual termination agreements so popular? First, mutual termination agreements represent – for the employer and … Continue reading

The (latest) reform of the French employment code is ongoing

Global Workplace InsiderPhoto of Camille ChabrolinBy Elodie Grangier and Camille Chabrolin on Posted in Contracts, Europe, France
As part of candidate Emmanuel Macron’s program during the Presidential elections campaign, a substantial reform of the French employment Code was promised. After his election as President, French commentators anticipated new changes would be implemented quickly, given Emmanuel Macron’s indications that he wished to go ahead as soon as possible, without too much debate before … Continue reading

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

Photo of 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

A new criterion for unreasonableness: The obligation for adjudicators to demonstrate their consideration of progressive discipline

Photo of Stéphane EricksonBy Stéphane Erickson on Posted in Canada
In a recent decision of the Federal Court of Canada, the Court had occasion to apply the Supreme Court of Canada’s decision in Wilson v Atomic Energy of Canada ltd (Wilson) for one of the first times. In his decision, Justice Diner found that it was unreasonable for an adjudicator not to consider both the … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in Germany?

Photo of Jannis BreitschwerdtBy Jannis Breitschwerdt on Posted in Europe, Germany
This post was also contributed by Tony Rau, Trainee, Norton Rose Fulbright LLP (Munich). German law provides for extensive protection of pregnant employees and employees on leave in connection with pregnancy. Regarding the latter, German law distinguishes between maternity leave (i.e. 6 weeks before until 8 weeks after childbirth – or 6 weeks before until … Continue reading

Unauthorized Access of Records – Nurse’s Job Saved by Late Apology

Photo of Ryan BergerPhoto of Herb IsherwoodBy Ryan Berger and Herb Isherwood on Posted in Canada
The BC Labour Relations Board recently upheld the reinstatement of a nurse who, on multiple occasions over an extended period, accessed private health authority records for personal reasons and without authority.  The Board upheld the arbitration award that ordered her reinstatement based in part on the nurse’s 11th hour apology.  The decision illustrates the challenge … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in France?

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France
As is the case in many other countries (particularly countries in the European Union, which are covered by EU Directive 92/85/CEE dated 19 October 1992), France has implemented a full set of rules with the goal of protecting pregnant employees or employees on maternity leave against illegitimate termination of their employment contract. These protections also … Continue reading

Human resources managers can be indirectly liable for harassment

Global Workplace InsiderBy Elodie Grangier on Posted in Discrimination and harassment, Europe, France
Health and safety of employees is highly protected in France. Employers are  responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work. But another provision of the French Employment … Continue reading

Signed on the Dotted Line in Time? The Court of Appeal addresses the timing of an employee’s execution of her employment contract.

Photo of Jennifer HodginsBy Jennifer Hodgins on Posted in Canada
Employers have long been advised to ensure that a new employee agrees to and executes his or her written employment contract before starting work. Otherwise, there is a risk that the employment contract will be held to be unenforceable on the basis that there was no “consideration” provided to the employee in exchange for entering … Continue reading

What is the latest on employees’ rights in the event of redundancy in France?

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Dismissing an employee due to economic difficulties is extremely delicate in France. A law dated 8th August 2016 has specified the definition of the economic grounds for dismissals, providing that economic difficulties are, in particular, characterized by a significant evolution of an indicator such as a significant drop of turnover, a significant drop in purchase … Continue reading
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