Tag archives: wrongful dismissal

Employee’s receipt of CERB doesn’t change employer’s obligations

Photo of John SchudloBy John Schudlo on Posted in Canada, North America
The Ontario Superior Court recently held that a dismissed employee who received Canada Emergency Response Benefit (CERB) payments immediately following his dismissal should not receive less in wrongful dismissal damages on account of the fact he received the emergency benefit. The decision underscores the point that CERB does not affect an employer’s post-termination obligations. In … 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’s in a grade?  

Photo of John MastorasBy John Mastoras on Posted in Canada
  The beginning of summer break for students across Ontario also means the release of their final grades. While student evaluation is only one part of a teacher’s job, it is crucial for the integrity of the school system and for students’ post-secondary education opportunities. In the recent decision Fernandes v Peel Educational & Tutorial … Continue reading

Not all Messages Constitute #Justcause

Photo of Stéphane EricksonBy Stéphane Erickson on Posted in Canada
In a time where social media is everywhere and a business’s reputation means everything, employers continue to try and understand how certain posts on social media can justify an employee’s termination in the appropriate circumstances. In  MacKinnon v Helpline Inc., the Court ruled that an employee’s private, non-confidential, off-duty communications via Facebook and MSN e-mail … Continue reading

Notice rights – what rights do employees have to notice of termination of employment in the US?

Global Workplace InsiderBy Mario Barrera (US) on Posted in United States
Employees in the United States are generally considered employed at-will in most jurisdictions, meaning that either the employee or the employer can terminate the relationship at any time, for any reason or no reason at all, without providing notice. The general rule gives way, however, in limited circumstances which trigger certain federal (and potentially state-specific) … Continue reading

Notice rights – what rights do employees have to notice on termination of employment in the UK?

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, UK
In the UK, an employee’s notice rights are governed primarily by the terms of the employment contract but are also subject to the statutory right to a minimum period of notice dependent on length of service. Notice will usually be required to terminate the employment contract lawfully. Exceptions to this, where there are lawful grounds … Continue reading

What protection do employees have against discrimination on the ground of age in Québec?

Photo of Andréane GiguèreBy Andréane Giguère on Posted in Canada, Discrimination and harassment, North America, Québec
Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) provide for the right not to be discriminated against on the ground of age. In the context of employment, the Québec Charter prohibits discrimination based on age with respect to the hiring, … Continue reading

Employee Rights on Redundancy – Avoiding Discrimination in Organizational Restructuring

Global Workplace InsiderBy Michael Torrance on Posted in Canada, Discrimination and harassment
When job redundancies arise in an organization, whether as result of a merger, restructuring, or downsizing, employers need to remain aware of duties under human rights legislation, such as the Ontario Human Rights Code. To meet these expectations, an employer’s decision regarding which employees will lose their jobs can not be tainted in any way by discriminatory decision-making. … Continue reading

Go abroad?

Global Workplace InsiderBy on Posted in Europe, Germany
The German Federal Labour Court recently decided that dismissals for redundancy reasons can be made even if free positions are available at another business unit abroad. In the case at hand, an employer decided to move its production from Germany to the Czech Republic. Only the administration department remained in Germany. Thus, the employer dismissed … Continue reading

Unfair dismissal in France

Global Workplace InsiderBy Elodie Grangier on Posted in Europe, France
Under French law, in order to be valid, a dismissal must be based on a real and serious cause which must be exact, precise, objective and of a sufficiently serious nature to justify the dismissal. This requirement applies to any type of dismissal regardless of the age / position / length of service of the … Continue reading

Good practice in South Africa: When is it fair to dismiss?

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in South Africa
Everyone in South Africa has the right to fair labour practices.  And everyone, through the Labour Relations Act, has the right not to be unfairly dismissed.  Legislation provides three broad grounds for dismissal: Misconduct; Incapacity/ poor performance; and Operational requirements. In order for a dismissal on any of these grounds to be conclusive, it must be … Continue reading

Wrongful Dismissal in Venezuela

Photo of Yanet AguiarBy Yanet Aguiar on Posted in Latin America, Venezuela
One thing is very clear under Venezuela legislation, it is almost impossible to dismiss a worker. A.      Job Stability Theoretically, the Labour Law allows employers to terminate workers with or without cause. Employers are able to terminate workers with cause based on the grounds listed in Article 79 of the Labour Law. Employers have a … Continue reading
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