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Employer Liability Issues International Labor Laws Employment Contract

Littler

Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving...

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In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more

Troutman Pepper

Exploring Employment Law Across Borders: Italy vs. US With White Lotus — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs dive into international waters with Annalisa Reale, a Labor and Employment partner of the Chiomenti Law Firm in Milan, Italy. Inspired by...more

Littler

Cross-Border Legal Perspectives: Comparing the UK and Germany's Approaches to Unfair Dismissal

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Welcome to our new bi-monthly series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with these issues every...more

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated (Part 2)

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As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated

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It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more

Seyfarth Shaw LLP

In defence of non-disclosure agreements

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Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Premier semestre 2024

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Cass. soc., 31 janvier 2024, n°22-18.792 La lettre de licenciement n’a pas à préciser la date des faits invoqués. Un salarié licencié pour faute grave conteste la rupture de son contrat de travail, en se fondant notamment...more

Dechert LLP

Employment Case Law Selection - France | First Semester of 2024

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Cass. soc., 31 January 2024, n°22-18.792 - A dismissal letter does not have to specify the date of the alleged acts. An employee dismissed for gross misconduct contested the termination of his employment contract, citing...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - Episode 13: Tips and Tricks for Foreign Investors Employing U.S. Personnel

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Henry Perlowski, AGG Employment Law co-chair, to discuss various challenges foreign investors may encounter...more

Hogan Lovells

UK government proposes further changes to TUPE

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As part of its “Smarter regulation to grow the economy” initiative, the UK government is consulting on further changes to TUPE. These include making it clear that TUPE applies to employees, not the wider category of workers,...more

Orrick, Herrington & Sutcliffe LLP

Managing employees in Germany – What US inhouse counsel and multinationals should know

Managing workforce in the relatively strict and extensive jungle of Germany's employment law provisions can be difficult, especially for multinationals and US inhouse counsel who are used to at-will terminations and are not...more

McDermott Will & Emery

Update Nachweisgesetz – Künftig Textform statt Schriftform ausreichend?

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Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Littler

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Littler

Overview of the New Proposed Rules on Non-Compete Clauses in the Netherlands

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For years there has been much discussion in the Netherlands about the non-compete clause, which also includes the non-solicitation clause. These clauses were often included in employment contracts, restricting employees’...more

White & Case LLP

Increasing antitrust spotlight on labour market issues in the UK

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The UK's Competition and Markets Authority (the "CMA") has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law...more

Littler

Dutch Employer Paid Dearly for an Offer to Buy Out a Non-Compete Clause

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In a recent matter before the Arnhem-Leeuwarden Appellate Court, an employer in the Netherlands attempted to hold a former employee to his non-compete clause. After the employee had terminated his employment contract, the...more

Ius Laboris

Hong Kong: Think twice before filing an employment claim directly to the High Court

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Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more

Littler

The Global Guide Quarterly - Quarter 4, 2023

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Under the Fair Work Legislation Amendment (known as the Closing Loopholes Act), as of January 1, 2025, intentional underpayment of employees’ wages and certain benefits will be a criminal offense, with a maximum of 10 years’...more

Seyfarth Shaw LLP

A Workplace Sexual Harassment Case: Messages for Foreign Invested Enterprises in China

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On July 6, 2023, the Supreme People’s Court of China (“SPC”) issued the 32nd batch of seven labor dispute guiding cases ("Guiding Cases"). Among them, one case attracts special attention of foreign invested enterprises...more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Dechert LLP

Information des salariés sur la relation de travail

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Depuis le 1er novembre 2023, les employeurs sont tenus de porter à la connaissance de leurs salariés certaines informations sur la relation de travail. L'identité des parties à la relation de travail...more

Littler

Is the UK Government Getting Cold Feet on Capping Non-competes to 3 Months?

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On May 10, 2023, the UK government announced its intention to limit the duration of non-compete restrictions in employment contracts to three months. This was part of a package of measures announced to boost the productivity...more

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