The People’s Supreme Court recently issued the Guiding Opinions on Further Promoting the Integration of Socialist Core Values into the Law Interpretation and Reasoning of Court Decisions. It is believed that more court decisions on employment disputes will refer to socialist core values, when applicable.
The Court held that the employee was not bound to honor the non-compete obligation because the scope, term and damages of the non-compete were not explicitly specified.
The Labour Department now offers employers an electronic remuneration book on its website, so that employers can report the standardised and monthly remuneration payments made to their employees, in a manner regarded as equivalent to the traditional remuneration book.
In Kovintharajah v. Paragon Linen and Laundry Services Inc., 2021 HRTO 98, Vice-Chair Best held that the employer violated the Human Rights Code (the “Code”) by revoking an existing family status accommodation that allowed an employee to leave work before the normal end of the shift in order to meet their child care responsibilities.
In a recent decision, the Superior Court of Justice for Ontario recognised a new tort: harassment in Internet communications. While the Court of Appeal for Ontario previously held in Merrifield v Canada (Attorney General) that an independent tort of harassment was not recognised in the province, in this most recent case the court identified that, absent such a cause of action, the civil remedies at its disposal were insufficient to address the defendant’s harassing and abusive behaviour.
Through a claim from an employee of an IT consultancy, the Litigation Chamber of the Data Protection Authority has clarified the boundaries of the employer’s obligations when faced with a request of access to, and a copy of, the former’s personal data. It (i) elaborates on the accepted and unaccepted grounds of refusal for the employer and (ii) underlines that anonymisation constitutes a favoured alternative.
The New South Wales Court of Appeal has recently issued a forceful reminder that employers should take care in both drafting and maintaining copies of their employees’ contracts of employment, particularly when seeking to enforce restraints of trade and confidentiality obligations.
The recent media and public attention concerning sexual assault, sexual harassment, inappropriate workplace relationships and grievance handling processes in Federal Parliament is a timely reminder to businesses of the importance of ensuring appropriate policies and processes are in place, and staff are adequately trained on sexual harassment and appropriate grievance handling; and what is at […]
Unfavourable treatment of an employee with a disability in comparison to a non-disabled employee, might constitute discrimination, if this distinction cannot be justified. In a recent Polish case an employer treated certain employees with a disability, adversely, compared to other employees with a disability. The CJEU had to resolve the question of whether this can constitute discrimination, as understood by the Employment Equality Directive 2000/78.
The National Labour Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the company logo to denigrate people or causes. Medic Ambulance Service, 370 NLRB No. 65 (Jan. 4, 2021).