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 […]
The new laws on indexation leap and salary freeze to improve Belgium’s competition position have been voted and published within the Belgian Official Gazette.
The Labour Court of Appeals of Liège rejected the evidence gathered by a private detective, with respect to an employee who claimed to be entitled to a social security allowance because of his partial disability due to an industrial accident, while he was in fact able to work. The Court ruled that this evidence was […]
The Portuguese Constitutional Court has recently declared that the interpretation of sections 334 of the Portuguese Employment Code and 481 (2) of the Companies Code are unconstitutional in the sense that they would prevent foreign based companies that are in control of, wholly owned or have crossed shareholding interests with a Portuguese company, to be […]
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May 12th: The French Senate approves the Macron Bill, proposing to alter the law on Sunday work, company savings plans and collective redundancy. The Bill has been sent up to a Joint Committee (Commission Mixte Paritaire) to convene on June 3rd, tasked with drafting a bill acceptable to both Chambers. In companies where workforce strength […]