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Littler

UK: Fire and rehire –where are we now and what happens next?

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The controversial practice of “firing and rehiring” – dismissing employees and offering to re-engage them on new terms and conditions, typically to push through a negative change to which the employee has refused to agree –...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

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

A&O Shearman

Managing a clash of rights in the workplace – recent cases and legal consideration

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In the third instalment of our equality and discrimination blog series, I explore how to deal with the growing issue of addressing conflicting rights in the workplace. This is one of the most difficult challenges for...more

Littler

Ontario, Canada Court Orders Employer to Pay Costs to Discourage Tactical Litigation that Deters Employees from Pursuing Their...

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In Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario’s Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761 to dissuade employers from...more

McDermott Will & Emery

Share Schemes and TUPE in the UK – What Transfers?

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In the case of Ponticelli Limited v Gallagher, the Scottish Court of Session has confirmed that the right to participate in a share incentive plan transferred to the transferee / new employer under TUPE even though the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Littler

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

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In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more

Dechert LLP

Key Developments for Employers in the UK - Issue 3

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Welcome to the third edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative....more

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Hogan Lovells

Employment News: agency workers, pregnancy, trade unions

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Read all about it – agency worker had right to be informed about vacancies, not to apply for them - It is perhaps surprising that nearly ten years after the Agency Workers Regulations (the Regulations) came into force, the...more

Littler

Ontario, Canada: Court Considers Employee’s Entitlement to Commissions “Booked and Billed” after Termination but During...

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A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more

Hogan Lovells

Employment News: disability, jurisdiction, covenants

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Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more

Hogan Lovells

Employment News: unfair dismissal, equal pay, what's new

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Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more

Hogan Lovells

Employment News: whistleblowing; unions; holidays

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It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more

McDermott Will & Emery

UK Employment Rate and Compensation Increases Now in Effect

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In case you have been distracted by other recent events in the UK, here is a reminder that the compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as...more

Hogan Lovells

Employment Newsletter: TUPE, disability, unfair dismissal, tribunal limits

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No objection – TUPE was principal reason for dismissal - In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence...more

Holland & Knight LLP

Puntos clave de la reforma a la Ley Federal del Trabajo en México

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El proyecto de reforma a la Ley Federal del Trabajo (LFT) presentado en la Cámara de Diputados el pasado 22 de diciembre de 2018, tiene como objeto regular la Reforma Constitucional a los artículos 107 y 123 promulgada el 24...more

Holland & Knight LLP

Key Points of the Bill to Amend the Federal Labor Law in Mexico

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The House of Representatives in Mexico on Dec. 22, 2018, received a project to amend the Federal Labor Law (FLL) to regulate the Constitutional Amendments made to articles 103 and 123, in effect since Feb. 24, 2017, to comply...more

Littler

Littler Global Guide - United Kingdom - Q3 2018

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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

Employment News - February 2018

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Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more

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