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International Labor Laws Employment Litigation

Littler

Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

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Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...more

Ius Laboris

Double discrimination against part-time workers

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The European Court of Justice recently found that a collective agreement provision on overtime pay potentially violated the prohibition of discrimination against part-time employees as well as the prohibition of...more

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

Littler

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

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In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more

Littler

New Developments on the Enforceability of Releases in Brazil

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In 2017, companies in Brazil welcomed changes to its labor code that introduced the option for securing enforceable releases to employment law claims. The changes to the labor code included allowing parties to seek a...more

Seyfarth Shaw LLP

Navigating employee relations: The advisor’s role (Part 5)

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In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”...more

Seyfarth Shaw LLP

Will Australians connect with the right to disconnect?

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The right to disconnect has been in the media a lot. But if we look behind the headlines, what impact is it actually going to have? ...more

Seyfarth Shaw LLP

Flexible Working in Singapore – Implementation of the Tripartite Guidelines on Flexible Work Arrangement Requests and What This...

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Introduction Since the COVID-19 pandemic hit and brought about much uncertainty, employers across the globe have had to grapple with the concept of flexible working. The implementation of flexible working differs from...more

A&O Shearman

The UK Supreme Court puts limits on the use of fire and rehire

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The UK Supreme Court has restored an injunction preventing Tesco from using the “fire and rehire” route to remove employees’ contractual entitlements to enhanced pay. Its judgment is fact-specific and does not prevent ...more

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2024

Here is a look at recent developments in UK employment law...more

Seyfarth Shaw LLP

Navigating employee relations: The advisor’s role (Part 1)

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In recent months, I’ve spoken to many HR professionals about employee relations (ER). The challenging nature of the role for those in ER was a common theme. The role of ER has never been more valuable to Australian employers,...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

Littler

Ontario, Canada Appeal Court Finds Aggravated Damages Award Can Be Made Without Medical Evidence of Diagnosable Psychological...

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The Court of Appeal for Ontario (OCA) recently held that an employee may be awarded aggravated damages for an employer’s bad-faith conduct during the employee’s dismissal even in the absence of medical evidence identifying a...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – July 2024

Here is a look at recent developments in UK employment law: The Labour Party has proposed key changes to UK employment laws. The Employment Appeal Tribunal considered whether an employer was justified in printing documents...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash

In this issue we discuss the new Labour government’s proposals to strengthen protections for employees; an Employment Appeal Tribunal decision that affirmed that an employee’s waiver of future claims that were unknown at the...more

Hogan Lovells

Employment in the news | June 2024

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Alongside the constant stream of election related news, there were two EAT decisions in June, dealing with “pool of one” redundancies and ill-health dismissals, which will be of interest. In future, there will be further...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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – May 2024

Key developments in UK employment law in May included an Employment Appeal Tribunal finding that a volunteer can be a worker if they are entitled to be remunerated. The Employment Appeal Tribunal also held that a trivial...more

Littler

French Supreme Court Upholds Dismissal Caused by Office Romance

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France is proud to call itself the land of human rights, and Paris the city of love. This pride is not unfounded given how strictly an employer’s actions are regulated when it comes to office romance.  As inappropriate as...more

McDermott Will & Emery

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

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AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more

Dorsey & Whitney LLP

Key Insights on Unfair Dismissal Laws in the UK for US-Based Employers

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A recent British legal case, which could impact U.S. and other international companies, has reinforced the complexities of cross-border employment, particularly where group companies are involved. The fact that a US company...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – April 2024

In this month’s instalment, our team discuss recent findings by the Employment Appeal Tribunal that: We also discuss a recent Supreme Court ruling that UK trade union law breaches workers’ rights....more

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