The UK government has published guidance on the more flexible form of its Coronavirus Job Retention Scheme (designed to support employers to pay the salaries of those employees who take a temporary leave of absence because of the difficulties their employer is facing due to Covid-19) that will start from 1 July 2020.
The Employment Appeal Tribunal (EAT) has ruled that if the sole or principal reason for a change to an employment contract is a TUPE transfer then that change is void – even where it is beneficial to employees.
If the “last straw” (i.e. the final event that leads to the employee resigning) is innocuous, can the employee still succeed in a constructive unfair dismissal claim? Yes says the Employment Appeal Tribunal – even if the “last straw” is innocuous, the employee may be able to rely on an earlier fundamental breach by employer to succeed in a constructive dismissal claim.
The Employment Law Chronicle provides an overview of developments in Dutch employment law between 1 January 2019 and 1 March 2020.
In a judgement of 23 April 2020, the Grand Chamber of the CJEU confirmed the interpretation that an Italian lawyer, who publicly claims to never employ homosexual persons in his firm, can be condemned because of discrimination on the ground of sexual orientation
A new Circular requires the Human Resources and Social Security departments, and Market Regulation departments in various provinces, to launch special law enforcement inquires in order to rectify illegal actions that infringe upon the legitimate rights and interests of both employers and employees
In a recent decision, the Ontario Superior Court of Justice held that the defendant bank breached the overtime obligations prescribed by federal labour law, as it failed to properly record actual hours worked and made overtime compensation contingent on pre-approval. This decision underscores the importance of ensuring that hours of work are properly recorded, and that overtime is paid in accordance with the applicable statutory requirements.
A recent Full Bench decision of the Fair Work Commission has found that an Uber Eats delivery driver was not an “employee” of Uber or its affiliated companies, and therefore was not entitled to an unfair dismissal remedy under the Fair Work Act 2009 (Cth). In reaching this decision, the Full Bench considered the control that delivery drivers have over their hours of work and the work they accept, the fact that delivery drivers could also work for competitor food delivery companies, and the absence of a requirement that delivery drivers wear uniforms or use Uber logos. This decision is now the highest Australian authority on whether workers in the gig economy are classified as employees
The laws that the Occupational Safety and Health Administration (OSHA) enforces govern workplace safety and health at construction sites and prohibits employers from retaliating against employees who engage in protected activities, such as reporting workplace hazards, injuries, illnesses, or potential violations of the law. They also protect employees who refuse to violate a law or cause a workplace hazard
As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others have been forced to reduce wages to stay afloat