Employment Law Tracker

 

Filion Wakely Thorup Angeletti & L&E Global are pleased to present you with the most recent employment law updates for March 2018.

 

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Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: Federal Court clarifies redundancy payment and notice of termination obligations A Federal Court has confirmed the need for employers to provide “unambiguously clear” written notice of termination and has clarified the scope of an employer’s obligation to pay a redundancy payment in circumstances where a particular employer lost a contract for work with a third party. » Read More


Upcoming International Events: Harmers Workplace Lawyers Webinar - NES Explained: Part 1 - April 11, 1pm to 1.30pm. The ten National Employment Standards (NES) form the foundation of Australia’s workplace relations system. This webinar explores the first five NES, and explains how they work in the real world. » View Event

Harmers Workplace Lawyers Webinar - NES Explained: Part 2 - May 2, 1pm to 1.30pm. The ten National Employment Standards (NES) form the foundation of Australia’s workplace relations system. This webinar explores the final five NES, and explains how they work in the real world. » View Event

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For more information on these articles or any other issues involving labour and employment matters in Australia, please contact Michael Harmer, Partner at Harmers Workplace Lawyers (www.harmers.com.au) at michael.harmer@Harmers.com.au.

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Canada | Filion Wakely Thorup Angeletti

Latest Case Law: Canada: Court of Appeal for Ontario Allows Plaintiff to Personally Sue Employees for Negligence in the Course of Employment The Court of Appeal for Ontario recently overturned the order of a motion judge striking a plaintiff’s claim for damages in negligence against two coffee shop employees. The plaintiff alleged that she had been injured when a barista poured scalding hot water on her hands, and sued both the employee and the manager of the store. The corporation brought a motion to strike the statement of claim against the manager and barista on the basis that it did not disclose a “reasonable cause of action” against either individual, and that the personal naming of the employees was an abuse of process. The Court of Appeal disagreed, finding that the general rule is that an employee acting in the course of his or her employment can be sued personally for breaching a duty of care owed to a customer. » Read More

Impending Changes of Legislation: Canada: Proposed Legislation Targets the Wage Gap between Men and Women in Ontario On March 6, 2018, the Ontario Government introduced Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment, which outlines a three year plan to increase gender equity, challenge bias and eliminate barriers women face at work, at home and in their communities. The strategy includes the introduction of Bill 203, the Pay Transparency Act, 2018, which would require, inter alia, the filing and positing of pay transparency reports by certain employers. » Read More

Other Observations: Canada: Ontario Government to Proclaim Significant Amendments Regarding Workplace Safety and Insurance Costs and Penalties for Clients of Temporary Help Agencies In a statement to a local newspaper, Ontario’s Minister of Labour indicated that the Ontario government will proclaim legislation written three years ago but never enacted – in particular, Schedule 5 of Bill 18 (also known as the Stronger Workplaces for a Stronger Economy Act, 2014, S.O. 2014, c. 10). This Schedule would require the Workplace Safety and Insurance Board (WSIB) to “ascribe injuries and accident costs to the clients of temporary help agencies”, rather than to the temporary help agencies themselves. » Read More

Upcoming International Events: Filion Wakely Thorup Angeletti Webinar - March 28 Attendance Management and Terminations: Tips to Ease Your Stress. » View Event

Filion Wakely Thorup Angeletti Webinar - April 25 Sharpening Our Pencils: Best Practices for Drafting and Terminating Employment Contracts. » View Event

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For more information on these articles or any other issues involving labour and employment matters in Canada, please contact Robert Bayne, Partner at Filion Wakely Thorup Angeletti (www.filion.on.ca) at rbayne@filion.on.ca.

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China | Zhong Lun Law Firm

Latest Case Law: China: Employee’s making tourist travel overseas during approved sick leave is held as cause for termination The court held that it was lawful for the employer to terminate the employee for cause who made tourist travels overseas during the approved period of sick leave. » Read More

Other Observations: China: Information Security Technology-Personal Information Security Specification Was Recently Released The National Information Security Standardization Technical Committee Released the Information Security Technology-Personal Information Security Specification » Read More

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For more information on these articles or any other issues involving labour and employment matters in China, please contact Carol Zhu, Partner at Zhong Lun Law Firm (www.zhonglun.com) at carol.zhu@zhonglun.com.

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France | Flichy Grangé Avocats

Latest Case Law: France: A mobility clause that covers the whole national territory is valid An employer may impose a transfer of the employee whose contract includes a mobility clause. The French supreme court (Cour de cassation) verifies the validity of such a clause : in order to be valid, it must clearly define the geographic scope of its application. And yet, the Cour de cassation has just clarified that a mobility clause that covers all the company’s sites in France was sufficiently specific. » Read More

Impending Changes of Legislation: France: The condition of validity for collective agreements changes on May 1 , 2018 The rules for validating agreements by signing a majority of representative unions have been applicable since 1 January 2017 for all agreements on work hours, rest and holidays. The labor law had provided for a generalization of this majority requirement on 1 September 2019. The Macron reform has moved this implementation up to 1 May 2018. » Read More

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For more information on these articles or any other issues involving labour and employment matters in France, please contact Joël Grangé, Partner at Flichy Grangé Avocats (www.flichygrange.com) at grange@flichy.com.

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Germany | Pusch Wahlig Legal

Latest Case Law: Germany: The employer does not have to refrain from any critical comments regarding the existing works council or individual members thereof with regard to an upcoming works council election Under the German Works Constitution Act, it constitutes a criminal offence to obstruct or influence a works council election by inflicting or threatening any unfavorable treatment or by granting or promising any advantage. The Federal Labour Court recently ruled that this prohibition does not go so far that it triggers a strict neutrality obligation of the employer and his executive employees towards the works council and its individual members. » Read More
Germany: A voluntary group-wide employee survey on work environment and working conditions is not subject to the co-determination of the works council A voluntary and anonymous survey regarding the employees’ work environment and working conditions, carried out among all employees within a group by the group management and based on a standardized questionnaire, is neither subject to co-determination of the works council as a measure of health protection nor qualifies as a personnel questionnaire. Therefore, the local works council may not claim injunctive relief. » Read More

Impending Changes of Legislation: Germany: New German government intends to make several changes in employment law legislation over the next four years After several months of negotiations, the German Social Democrats and the Union parties agreed on a new coalition agreement for the German government’s new four year term of office. The coalition agreement provides for several changes in the employment law legislation over the next four years. » Read More

Other observations: Pusch Wahlig Legal and Clyde & Co An introduction to UK & German employment law and practice. » View Event

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For more information on these articles or any other issues involving labour and employment matters in Germany, please contact Dr. Tobias Pusch, Partner at Pusch Wahlig Legal (www.pwlegal.net) at pusch@pwlegal.net.

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Luxembourg | KLEYR ❘ GRASSO

Impending Changes of Legislation: Luxembourg: New provisions regarding internships Pure internship contracts are often misused, given that these contracts are not at all regulated in terms of salary, vacation, etc. Therefore, a new proposal for a draft bill aims at imposing minimum conditions on employers choosing an internship contract. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Jungers, Partner at KLEYR | GRASSO (www.kleyrgrasso.com) at christian.jungers@kleyrgrasso.com.

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Mexico | De La Vega & Martinez Rojas S.C.

Latest Case Law: Mexico: 11 countries including Mexico, executed again the Trans-Pacific Partnership (TPP) after the United States withdrew from it On March 8, in Santiago de Chile, Australia, Brunei-Darussalam, Canada, Chile, Japan, Malaysia, New Zealand, Peru, Singapore and Mexico executed again the Trans-Pacific Partnership (TPP) after the United States withdrew from it. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega, Partner at De La Vega & Martinez Rojas S.C. (www.dlvmr.com.mx) at ODelaVega@dlvmr.com.mx.

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The Netherlands | Palthe Oberman

Impending Changes of Legislation: The Netherlands: Summary of Legislative Changes A number of important changes have been introduced in the area of employment law in NL, with effect from 1 January 2018. We have made a list of the most important legislative amendments and the changes. » Read More

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For more information on these articles or any other issues involving labour and employment matters in the Netherlands, please contact Christiaan Oberman, Partner at Palthe Oberman (www.paltheoberman.nl) at oberman@paltheoberman.nl.

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Norway | Storeng, Beck & Due Lund (SBDL)

Latest Case Law: Norway: Redundancies ruled void due Employer’s erroneous procedure Redundancies ruled void by the High Court- The employer’s procedure prior to giving redundancies was found erroneous. » Read More

Impending Changes of Legislation: Norway: New pension scheme for the public sector New pension scheme in the public sector may make it easier for employees to switch to the private sector and motivate to work for more years. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Kari Andersen, Partner at Storeng, Beck & Due Lund (www.sbdl.no) at kari.andersen@sbdl.no.

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Romania | Magda Volonciu and Associates

Impending Changes of Legislation: Romania: Teleworking is regulated for the first time in Romanian legislation A new Law that defines and regulates teleworking was adopted early this March. For the first time working from a distance is recognized and regulated under Romanian Law. Employees that work from home or from any other place organized by the employer for working at a distance will establish an employment relationship and will enjoy all the benefits a regular employee has. » Read More
Romania: Good Friday becomes a public holiday in Romania As of 2018 Romanian employees will have an additional day off, as Good Friday becomes a public holiday. Easter Monday and Easter Sunday are also public holidays. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu, Partner at Magda Volonciu & Asociatii (www.volonciu.ro) at magdavolonciu@volonciu.ro.

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Spain | Bufete Suárez de Vivero, S.L.

Latest Case Law: Spain: When is a worker considered as a bogus independent contractor? The Supreme Court recognizes the employment relationship of a worker registered in the special regime for self-employed workers, who provided the services for the company that had hired him for the execution of works for the installation and repair of lifts. The notes of dependence, alienation and voluntariness are met although he was not subject to a timetable, the holidays were not imposed by the company and he used his own means such as boots, gloves, helmet, vehicle and mobile phone. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Spain, please contact Iván Suárez Telletxea, Partner at Bufete Suárez de Vivero (www.bufetesuarez.com) at isuarez@bufetesuarez.com.

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Sweden | Advokatfirman Cederquist KB

Latest Case Law: Sweden: Unlawful industrial actions taken by sanitation workers give cause to liability for damages exceeding what is considered customary damages Sanitation workers in Stockholm refused to work or called in sick in order to prevent the employer from conducting an inventory of the keys to the facilities in their area of operations. Court ruling held that the industrial actions were deemed unlawful and that the importance of functioning sanitary services in the community should be considered when deciding upon damages. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Sweden, please contact Robert Stromberg, Partner at Cederquist (www.cederquist.se) at robert.stromberg@cederquist.se.

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United Kingdom | Clyde & Co LLP

Latest Case Law: UK: Redundancy – collective consultation Can events occurring after 20+ redundancy dismissals are proposed, provide a defence to a claim for failing to inform and consult? No, says the Employment Appeal Tribunal. However, such events may affect the size of the protective award. » Read More
UK: Disability discrimination – discrimination based on a perceived disability is unlawful The Employment Appeal Tribunal has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where the employee is not actually disabled. » Read More
UK: Failure to make reasonable adjustments and constructive dismissal: expectation that employee works long hours was a PCP The Court of Appeal has confirmed that the expectation (rather than actual coersion) for a disabled employee to work long hours amounted to a "provision, criterion or practice", potentially triggering the employer's duty to make reasonable adjustments to remove the (substantial) disadvantage faced by that employee when compared to non-disabled employees. » Read More
UK: Pregnancy discrimination – Does an employer who has decided to dismiss an employee have to revisit or revoke that decision if it is subsequently informed that she is pregnant? The Employment Appeal Tribunal has decided that an employer is not required to revisit or revoke a lawful decision to dismiss after it is notified of an employee's pregnancy, where it was not aware of the pregnancy at the time it made the decision to dismiss. » Read More

Impending Changes of Legislation: UK: Trade Secrets Directive Draft Regulations to implement the EU Trade Secrets Directive have been published. » Read More
UK: Changes to taxation of termination payments From 6 April 2018 the tax and National Insurance Contributions (NICs) on termination payments will change. In particular, non-contractual payments in lieu of notice will be taxed as earnings and so will no longer benefit from the £30,000 “nil rate” on termination payments. The proposal to impose, for the first time, Class 1A NICs (employer liability only) on termination payments which exceed £30,000 has been postponed until April 2019. » Read More
UK: Government responds to the Taylor Report The government has published its response to the Taylor Review, setting out proposals to improve and increase awareness of UK workers' rights. However, many of the proposals have been put out for further consultation. » Read More
UK: Employment Tribunals – quarterly statistics show a substantial increase in the number of Employment Tribunal claims brought Employment Tribunal statistics show that the number of claims brought by a single claimant in the period September to December 2017 was up 90% on the same period in the previous year. The number of new claims being brought is however still lower than before the introduction of employment Tribunal fees in July 2013 (which have since been ruled to be unlawful and abolished). » Read More
UK: Annual increases in National Minimum Wage and maximum awards for unfair dismissal The annual increases in the UK National Minimum Wage and National Living Wage Rates and maximum awards for unfair dismissal have been announced and will apply from April 2018. » Read More

Other observations: Pusch Wahlig Legal and Clyde & Co An introduction to UK & German employment law and practice. » View Event

» Read all articles


For more information on these articles or any other issues involving labour and employment matters in the United Kingdom, please contact Robert Hill, Partner at Clyde & Co (www.clydeco.com) at robert.hill@clydeco.com.

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United States | Jackson Lewis P.C.

Latest Case Law: USA: U.S. Supreme Court Narrows Dodd-Frank Act Whistleblower Protections The anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 protects only employees who complain directly to the Securities and Exchange Commission (SEC), the U.S. Supreme Court has held in a unanimous decision. Digital Realty Trust, Inc. v. Somers, No. 16-1276 (Feb. 21, 2018). » Read More
USA: Employer Can Be Vicariously Liable for Employee Data Breaches The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee. Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether an employer can be held vicariously liable under the UK’s Data Protection Act 1998 (DPA) (c 29) for a data breach committed by an employee. These kinds of cases are important reminders that irrespective of jurisdiction, malicious insiders, in particular disgruntled former employees, with access to data that external hackers can’t easily reach, often cause some of the most costly data breaches. » Read More

Other Observations: Does the GDPR Apply to Your US-based Company? Most multinational companies, and of course EU-based companies should be in the process of ensuring GDPR compliance by May 2018. But what about if you are a US-based company with no direct operations in the EU? Do you think you are free of the GDPR’s reach? Think again! » Read More
U.S. Employers with EU Employees Gearing Up for the GDPR With the continuing parade of high profile data security breaches, the concern U.S. organizations have about the security of their systems and data has been steadily growing. Almost every organization processes (collects, uses, stores, or transmits) individually identifiable data. Much of this data is personal data, including employee data, which brings heightened privacy and security responsibilities and obligations. For certain entities, these responsibilities and obligations are about to increase significantly. On May 25, 2018, the EU General Data Protection Regulation (GDPR) goes into effect. This is a game changer for those organizations subject to the jurisdiction of the GDPR, and not just because of its new data breach notification provision. The GDPR contains expanded provisions for data collection, retention, and access rights unlike those they are used to in the U.S. that will create substantial challenges for U.S. employers processing their EU employee data. » Read More
USA: Top 10 Privacy Developments for 2018 While the “Top 10 for 2018” list is by no means exhaustive, it provides key issues organizations should consider in 2018. » Read More

Upcoming International Events: Jackson Lewis Workshops - Remaining Union Free. With a newly seated Labor Board and a new General Counsel, we are likely to see a shift in initiatives and priorities which impact union organizing. » View Event

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For more information on these articles or any other issues involving labour and employment matters in the United States, please contact John Sander, Principal at Jackson Lewis P.C. (www.jacksonlewis.com) at John.sander@jacksonLewis.com.

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