News & Analysis as of

International Labor Laws Employer Liability Issues Internal Investigations

Littler

Belgium: New Rules for Private Investigation of Employees

Littler on

During its plenary session on May 8 this year, the Chamber of Representatives in Belgium adopted a legislative proposal regulating private investigations. The purpose of this new law is to review the existing legal framework...more

Stikeman Elliott LLP

Salina v. Investors Group: Employers Do Not Owe a Duty of Care to Employees in Connection with Workplace Investigations

Stikeman Elliott LLP on

In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - October 2022

During a turbulent month of mini-budgets and U-turns, there were also a number of important decisions handed down by the Employment Appeal Tribunal (the “EAT”). In our October update, we outline the EAT’s determination of...more

Littler

The Netherlands: Court Awards Damages to Manager Properly Fired for Misconduct Due to Unfair Investigation

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A recent Dutch Court of Appeal decision demonstrates the importance of conducting a fair investigation into charges of employee misconduct. The court in this case awarded “immaterial” damages to a manager whose job was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

France Requires Employers to Investigate Harassment Claims Even Without Evidence

French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case...more

Dechert LLP

Health, safety and working conditions in France / First semester of 2020

Dechert LLP on

This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

A&O Shearman

New EU Directive on Protection of Persons Reporting Breaches of Union Law

A&O Shearman on

A new EU Directive, known as the "EU Whistleblowing Directive", that aims to enhance the enforcement of EU law and policies by providing protection for individuals that report breaches has been published in the Official...more

Hogan Lovells

Employment News: unfair dismissal

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Looking back – limited appeal investigation not unfair - It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more

Littler

Littler Global Guide - United Kingdom - Q3 2018

Littler on

The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more

Hogan Lovells

Derivative misconduct

Hogan Lovells on

Even if you don’t know the wrongdoers, you can still dismiss…but do it the right way! This is all but related to a difficult concept of "derivative misconduct"...more

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