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Vomiting during a presentation causes a reasonable ground for termination?

Giving a presentation brings so much tension to an employee, that it causes a physical reaction (vomiting) as a result of which the presentation must be stopped. As a result of this incident, the employer (Grolsch, a Dutch beer brewery) requested termination of the employment agreement based on a disturbed working relationship. The court ruled […]

Tracking Employees by GPS: A Dangerous Road for Employers

In today’s world, employers have access to otherwise inaccessible information. Many employees now have cell phones, laptops, or other technical devices to increase efficiency. Some employers monitor their employees’ productivity through smartphone apps. On several occasions, Courts in the United States have ruled on the issue of GPS tracking in criminal matters and its compatibility […]

L&E Global’s 2016 Global Handbook | Employment Litigation

For employers with operations in multiple jurisdictions, litigation over disputes related to employment matters is a very real and increasingly significant concern, which applies to every sector of industry, in every region of the world. This comprehensive publication includes contributions from 28 key jurisdictions across 5 continents and will be a valuable resource for all […]

Monitoring Employee Communications

A recent decision of the European Court of Human Rights (“the ECHR”), Bogdan-Mihai Bărbulescu c. Romania (“Bărbulescu”), serves as an important reminder to employers of the extent to which they may monitor their employees’ private life and communications. Background Bogdan-Mihai Bărbulescu was employed as an engineer in charge of sales at a private company (“the […]

Mussels, Frites, Bruges and Beer

Mussels, frites, Bruges and beer. Whilst this is certainly not all that Australians know about Belgium, these four things featured prominently in discussions with colleagues and friends about my then upcoming secondment to Brussels. Perhaps this is unsurprising given that in some circles moules-frites (or moules et frites in French) is considered Belgium’s national dish, […]

Religious Symbols in the Workplace

There is extensive case law, including in the European Court of Human Rights (“ECHR”), which considers the balance between, on the one hand, the right of an employee to freely express his religious beliefs, and, on the other hand, the principles of secularism and neutrality applicable in a particular State. However, the vast majority of […]

ECJ invalidates Data Transfer Pact between U.S. and Europe

On Tuesday 6 October 2015, the European Court of Justice (ECJ) issued a landmark ruling against the transfer of personal data from Europe to the United States.[1] This ruling invalidates European Commission Decision 2000/520, which provided a legal basis for the transfer of personal data from the European Union (EU) to undertakings established in the […]

Cheerleaders in California are Now Considered Employees

In response to a major class action lawsuit in the case Lacy T. et al. v. the Oakland Raiders, California has become the first state in the country to recognize cheerleaders as “employees”. Background The plaintiffs in Lacy T. et al. accused the NFL franchise of wage-violations and other unfair employment practices. Under their contracts, […]

International Efforts to Address Disability in the Workforce

Approximately 15% of the world’s population (estimated 1 billion people) live with disabilities.1 Despite such vast numbers, the rights of the disabled to obtain decent work is frequently denied. People with disabilities consistently face barriers to equal opportunities in the workplace. In comparison with non-disabled people, they experience higher rates of unemployment and economic inactivity […]

New China Foreign Investment Law Proposed

On January 19, 2015, the Ministry of Commerce of China (“MOFCOM”) announced a draft PRC Foreign Investment Law (the “FIL”) for public comment. The Chinese government aims to adapt foreign investment to the current situation of China´s development with this draft, as well as to create a stable and transparent legal environment. The spokesman of […]