The Court of Appeal has ruled that it is discriminatory to refuse employment because of a perception that a health condition will affect an employee’s ability to work in future
Jul
27
2019
UK: Supreme Court saves otherwise unenforceable non-compete covenant
The Supreme Court (the UK’s highest court) has confirmed that courts can in effect delete any part of a restriction in an employment contract that is too wide or too restrictive and enforce what’s left. In this case, the Court clarified when courts are entitled to edit contracts in this way
Jul
27
2019
Romanian Supreme Court holds that predetermined amounts that are to be paid by the employee, in case of damages made to the employer, cannot be inserted within the individual employment agreement
The Supreme Court has issued a general and mandatory ruling stating that in order for an employee to be ordered to pay damages to the employer, a court should determine the amount that is to be paid. The parties cannot negotiate and insert, within the individual employment agreements, predetermined amounts
Jul
27
2019
The Netherlands: The Supreme Court provides viewpoints for the improvement plan in case of unsatisfactory performance
The help, support and guidance that can be expected from the employer in a specific case, in order to improve the employee’s performance, as well as the way in which all this must be laid down, depends on the circumstances of the case. The Court added to this that the employee, considering the level of her position and her work experience, could herself have shown insight into her improvement areas and could have made it known, which specific measures or courses she needed in order to improve her performance, and her failure to do so, led to her termination due to inadequate performance
Jul
27
2019
Germany: The expiration of an employee’s holiday entitlement requires that the employer request the employee to take his holidays beforehand; this also applies to holiday entitlement from previous years
An employee’s holiday entitlement only expires at the end of a calendar year, if the employer has previously informed the employee about his holiday entitlement and the expiry periods. According to latest ECJ case law, the employer is even obliged to request the employee to take his holidays. A German Regional Labour Court has now ruled that such obligation does not only refer to the holiday entitlement from the current calendar year, but also to possible remaining entitlements from previous calendar years
Jul
27
2019
Germany: Termination notice in case of mass dismissal can already be signed by the employer before the notice of mass dismissal is submitted to the employment agency and can be served to the employees right after the submission
The prior notice of mass dismissals towards the employment agency, which is required under German law when dismissing a large number of employees, is effective, even if the employer was already determined to dismiss the employees at the time the notice of mass dismissal was submitted to the employment agency. The notice of termination can indeed be given to the employees right after the notice of mass dismissal was submitted to the employment agency
Jul
27
2019
Germany: A works agreement, which compensates overtime hours with a pre-defined number of additional days off per year, is invalid
A general works agreement, providing that trade union officials who “regularly” work overtime hours are compensated for all such overtime hours by a lump sum of 9 days of additional leave per calendar year, is invalid. Such an agreement does not determine the criteria for overtime compensation as clearly as required, and furthermore violates the principle of equal treatment under the German Works Constitution Act (Betriebsverfassungsgesetz)
Jul
27
2019
France: Mutually agreed termination – there must be proof that the employee received a copy signed by the employer
The Supreme Court has specified that the original copy of the mutually agreed termination document (rupture conventionnelle) that is provided to the employee must be signed by the employer. Failure to comply with this obligation is sanctioned by the agreement being deemed null and void. The court rejected the notion of a presumption of such a document having been provided to the employee, regardless of the fact that the document specifies that it was done in two original copies
Jul
27
2019
Canada: Human Rights Tribunal of Ontario finds dismissal following lengthy unauthorized absence from work not discriminatory
In Joseph v. Tecumseh Community Development Corporation, 2019 HRTO 635, the Tribunal dismissed an application made by an employee whose employment was terminated for unauthorized absenteeism and insubordination. Although the applicant was specifically asked to provide medical documentation substantiating her absence or return to work, she failed to comply with this directive. The applicant asserted the termination of her employment amounted to discrimination on the basis of family status. However, the Tribunal ultimately found the applicant failed to provide any medical evidence that would substantiate this claim
Jul
27
2019
Belgium: Benefits provided by a third party to an employee are part of the renumeration
In a judgement of 20 May 2019, the Belgian Supreme Court has answered the question whether benefits provided by a third party to an employee, should be seen as part of his/her wage, on which social security contributions need to be paid