With effect from 1 December 2004, section 4(1A) of the Employment Relations Act 2000 was inserted, which added further guidance to the duty of good faith. Many commentators asked at the time whether you could, or should, legislate a relationship in this way.
Many employers maintain rules in their employee handbooks or personnel policies governing how investigations of possible employee misconduct will be handled. Such rules often include admonishments to employees about maintaining the confidentiality of the investigation and, therefore, they implicate Section 7 of the National Labor Relations Act and protected concerted activity. Indeed, in Banner Health, […]
The U.S. Supreme Court has ruled that an ERISA health plan provision permitting the plan to seek reimbursement from a plan participant overrides such equitable defenses as unjust enrichment. US Airways, Inc. v. McCutchen, No. 11-1285 (U.S. Apr. 16, 2013). The Court held that the terms of the plan document are at the “center of […]
Starting May 7, 2013, employers may use only the new Employment Eligibility Verification Form I-9 (with a revision date of “03/08/13 N”) to comply with their employment eligibility verification responsibilities. The new Form was published by U.S. Immigration and Customs Enforcement on March 8, 2013, and had been authorized for use, along with the previous […]
On March 3, 2013, Swiss voters overwhelmingly backed the popular initiative „against rip-off salaries“ – also known as the Swiss „Fat Cat“ referendum (hereinafter the „Initiative“). The aim of the Initiative which was launched by a medium sized businessman and politician, Mr Thomas Minder, is (1) to avoid excesses of executive pay, (2) ban corporate […]
In recent weeks US and EU representatives have announced that they are making significant strides towards reaching what could be the biggest bilateral trade agreement in history. The estimates accompanying such reports indicate that the deal could add around 0.5% to the EU’s annual economic output and 0.4% to US output. Preliminary discussions reveal that […]
Click here to view the webinar On December 21, 2012 the FAR Council issued its final rule implementing Executive Order 13495, “Nondisplacement of Qualified Workers Under Service Contracts,” with an effective date of January 18, 2013. The FAR Council’s final rule came sixteen months after the U.S. Department of Labor issued its final rule on […]
Even when an employee is offered a termination package and signs a release, the Court may find that a release is unconscionable or grossly unfair and set it aside. That is precisely what happened in Rubin v. Home Depot Canada Inc., 2012 ONSC 2053.
In Odar v Baxter Deutschland GmbH, C-152/11, the Court of Justice of the European Union was presented with a challenge to Council Directive 2000/78/EC regarding equal treatment in employment and occupation. The plaintiff in this case, Dr. Odar, who was considered severely disabled, was employed by Baxter for over 30 years. Baxter’s social plan provided […]
Linked you will find a document that covers the following topics: French unions and businesses reached an agreement with significant impact on country’s labor laws More protection for employees Access to supplementary heath care coverage Increase in social security & welfare charges paid by employers for short-term contracts Staff representatives’ information on prospects & strategic […]