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International Labor Laws Employment Contract Employees

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

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

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

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

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

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

Seyfarth Shaw LLP

UK Government’s Proposal to Reduce Non-Competes Not Included In King’s Speech

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At the State Opening of Parliament last week, the UK Government outlined its legislative agenda through the King’s Speech, an annual address where the ruling monarch, wearing the Imperial State Crown, reads a speech that has...more

Littler

Global Non-Compete Reform – At a Glance: September 2023

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The US is not the only country currently debating reform to the law on non-competes (see here in relation to Federal law and New York). Notably the UK Government has announced legislation which would limit the duration of...more

Ius Laboris

No place for pregnancy discrimination

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A Hong Kong employee dismissed via WeChat while in hospital has been awarded substantial damages for pregnancy discrimination. The claimant was a former employee of a logistics company. Between 2007 and 2011, she was...more

Seyfarth Shaw LLP

Are Restrictive Covenants a Thing of the Past?

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The short answer is no, not yet, but their future looks uncertain. In this update we have a look at developments affecting restrictive covenants across various jurisdictions around the globe and what multinational employers...more

McDermott Will & Emery

French Labor Law | Key Considerations

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When considering M&A transactions or group restructuring in France, companies should take into account the high level of protection that French law affords to employees....more

Ius Laboris

Back to the office: ending a telework agreement

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A German court has considered the requirements for an employer to terminate a telework agreement. In the wake of the pandemic, many companies have had their employees working from home or allowed them to work remotely....more

Littler

UK Government Provides Details on Non-Compete Three-Month Limit

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The UK government has provided further color on its proposed rule to limit non competes to a period of three months post termination.  The UK government has published its full response to consultation....more

Littler

Dutch Court Finds Employer Discriminated by Not Renewing an Employment Contract Due to Pregnancy

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In the Netherlands, a pregnant employee was told that her fixed-term employment contract would not be renewed. A day after the notice, her manager informed her by WhatsApp that the reason was that she was absent a lot and she...more

Littler

Dutch Supreme Court Holds Secondment Provisions May Be Invoked When a Secondment Worker Calls in Sick

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On March 17, 2023, the Dutch Supreme Court definitively resolved the question of whether an employment contract between a secondment agency and a secondment worker may end with immediate effect under the “secondment...more

Faegre Drinker Biddle & Reath LLP

Reforms to Puerto Rico’s Labor Law Declared Null and Void Ab Initio

On March 3, 2023, U.S. District Court Judge Laura Taylor Swain, presiding over Puerto Rico’s bankruptcy, issued an opinion declaring Act 41-2022 (Act No. 41) null and void ab initio. Law 41-2022 Amendments - Act No....more

Littler

Littler World Cup Matchups Part 7: Common Mistakes Made by Foreign Employers

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The final World Cup game is set for this Sunday, December 18. Over the past month we have been staging our own matchups, comparing labor and employment laws of participating countries....more

Littler

Canada’s Competition Act Will Soon Criminally Prohibit Wage-Fixing and No-Poaching Agreements Between Unaffiliated Employers

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On June 23, 2022, Canada’s Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent and amended Canada’s Competition Act.  The Competition Act applies to all businesses operating in Canada, whether they are...more

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