The Labour Courts of the City of Buenos Aires recently ruled that the dismissal of an employee that was suffering a drug addiction problem was discriminative and therefore, ordered the employer to pay him moral damages compensation
In this particular case, the Labour Court considered that the employer had the burden to prove that the dismissal of the employee was not related to the employee´s claims against the company and his recent affiliation to the union. The Court ruled that even though the employee was not formally appointed as a union delegate, and consequently could not be afforded protection under union laws, the dismissal was discriminative and therefore null. Accordingly, the employer was ordered to reinstate the employee and pay him moral damages compensation
This case law shows that for surveillance-camera footage to be used as evidence in a court claim, some legal requirements must be met and have to be ratified by other means of evidence
Date: Wednesday 12 June 5 p.m. Central European Time (11 a.m. New York time)
Identifying key wage and hour risks confronting international retailers and strategies for compliance
- The webinar will feature a panel discussion among attorneys from United Kingdom, Canada, the United States and France with deep experience representing employers confronted with class action wage and hour cases and the myriad of issues arising from the unique scheduling demands of the retail industry as they collide with the growing push to ensure through local laws that employees receive sufficient time off and compensation.
- Jonathan Dye (Filion Wakely Thorup Angeletti in Canada)
- Eric R. Magnus (Jackson Lewis in USA)
- Olivier Kress (Flichy Grangé in France)
- James Major (Clyde & Co in United Kingdom)
- Moderator: Rich Landau (Jackson Lewis in USA)
Date and time:
June 12, 2019 5:00 pm - 6:00 pm (EEST)
The Labour Courts of the city of Buenos Aires recently ruled that a student who carried out administrative tasks at the collections department of the defendant, is not an intern, and should be considered an employee of the defendant
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
Spanning 6 continents, L&E Global’s member firms are ideally situated to provide clients with pragmatic, commercial advice necessary to achieve their objectives. Our members work closely with corporate, legal, human resources departments and corporate executives across a variety of sectors and industries to address the strategic and tactical issues that arise in the workplace.
Discover the most important labour and employment rules, regulations and best practices specific to each jurisdiction, conveniently together in one place.
This case law shows that the Labor Courts in Argentina understand that even when there is no specific law in this respect, in order for employers not to discriminate against women, female employees should make up at least 30% of their workforce. The Labor Court also ordered the bus company to pass a hiring policy by which it guarantees equal access and opportunities for being hired as bus drivers
The Labor Courts of the city of Buenos Aires, in the case “V. A. R. D. c/ Faurecia Argentina SA s/ despido’’ ruled that the employer must pay additional severance compensation (equal to 13 monthly salaries) provided by labor laws to an employee that was pregnant at the time of her dismissal, even though the employee had not served formal notice of her pregnancy to her employer prior to her dismissal, as required by labor law
New Decree provides that up to March 31, 2019, employers in Argentina must follow a procedure before dismissing without justified cause, employees hired under an indefinite term employment. The employer must serve notice of that dismissal upon the Ministry of Production.