On May 11, 2015 a number of decrees and orders has appeared, specifying the new Dutch labour law ‘WWZ’ in further detail. Based on the WWZ, as from 1 July 2015, an employee who is dismissed after two years of employment will be entitled to a statutory severance payment, the so-called transitional payment (‘transitievergoeding)’. The […]
The German Federal Court of Employment ruled on 19 March 2014 that if an employee signs an employment contract, which is in the German language, the regulations of the employment contract are applicable even if the employee did not understand its content due to language problems. Please note that important documents (employment contract, amendments, written […]
On 12 June 2014, a German Employment District Court held that the employer is obligated to grant the employee his holiday claim – even in cases where the employee did not apply for any holiday. Otherwise, so the Employment Court held, the employer is obligated to pay damages to the employee, if the holiday cannot […]
The Labour Court of Appeals of Antwerp ruled that such prohibition was not discriminatory in the sense of the Belgian anti-discrimination legislation and the EU Directive, since the same prohibition applied to all symbols of any religious, political or philosophical denomination within the company. The case was later brought before the Supreme Court, which now […]
Viability has become a major obstacle for business and society in recent years, assessed the fundamental way for survival and development of organizations and the life of the enterprise in general. The issue is significant because viability is a key element for the success of an organization, which is intended as the balance between economic, […]
Where employer and employee enter into a compromise agreement further to constructive dismissal, income tax will not be levied on the settlement, provided the employee can show that the employer had, de facto, dismissed him unfairly (prise d’acte assimilable à licenciement sans cause réelle et sérieuse – Conseil d’Etat, April 1st 2015 n° 365253).
The NDP (the primary left-wing party in Canada) ended 44 years of Conservative rule in Alberta with a stunning majority win in the recently concluded provincial election. Alberta is the oil-rich province beside British Columbia that has been significantly affected by the worldwide fall in oil prices.
This is not a change of legislation, but is a mandated requirement for employers pursuant to existing legislation. The Ontario Ministry of Labour recently released version 6.0 of the Employment Standards Poster, which outlines employees’ minimum rights and employers’ minimum obligations. With the release of this new poster, almost every employer in Ontario is required […]
On May 7, 2015, the Government of Canada introduced legislation to amend the Patent Act, Trade-marks Act, and Industrial Design Act. The legislation, Bill C-59, follows a Federal Budget which proposed to modernize Canada’s intellectual property framework to help innovators better protect their IP. The proposed amendments relate most notably to statutory privilege for agents, […]
A recent employer-friendly decision by the British Columbia Court of Appeal confirmed the Court’s willingness to strictly enforce clearly drafted employer policies in order to protect confidential information. In Steel v. Coast Capital Savings Credit Union, 2014 BCCA 127, the Court upheld the dismissal of a 21-year employee for cause in response to her breach […]