The Court of Appeal ruled that an employee suffered a detriment when his former employer made inaccurate rebuttals of his whistleblowing allegations, but that the detriment was not because of his protected disclosures
The Employment Appeal Tribunal (EAT) has confirmed that in order to bring a disability discrimination claim, a claimant must show that their condition had a “long term effect” at the time of the alleged discrimination
The French Supreme Court, the highest jurisdiction in the land, recently ruled that Uber drivers shall be considered as employees of the company, based on the fact that the drivers are bound by a subordinate relationship
In the past month, there have been several labour and employment law developments, chief among them: i) the introduction of Emergency Fund Bridging Employment (due to the COVID-19); ii) employers must record employment contracts in writing before 1 April 2020; iii) the Public Servants (Standardisation of Legal Status) Act entered into force; iv) expansion of work-related expenses scheme; v) limits imposed on top income earners; vi) the State Pension age will remain 66 years and 4 months in 2020 and 2021; and vii) effective 1 January 2020, the statutory gross minimum wage is €1,653.60 per month, based on full-time employment
Employers, especially manufacturers, are facing a new (old) challenge in unionised work forces: strikes. The latest data from the Bureau of Labour Statistics (BLS) shows U.S. workers are more likely to strike today than at any other time in the last 30 years. This should prompt employers with unionised workforces to review their strike preparedness plans
In previous case law, the Court of Justice of the European Union ruled that a bus company cannot be seen as an activity which principally relies on manpower, but that the transfer of its assets (mostly the buses) are the relevant factor to be taken into consideration. However, in the current case the buses have not been transferred, and yet the Court of Justice still takes into consideration the transfer of the employees, to allow for a qualification as a transfer of undertaking
The Ontario Government announced that all publicly funded schools in Ontario will be closed for two weeks after March break as a result of the novel coronavirus (COVID-19) outbreak. Some childcare programs which are situated in and operate out of publicly funded schools have also announced that they will be closing over the March Break period. Publicly funded schools are not scheduled to reopen until 5 April 2020, meaning that some workers across the Province may be without pre-arranged childcare for a period of at least three weeks.
The Coronavirus (COVID-19) crisis is affecting businesses in various ways. For example, companies will be forced to close down or face a major decline in work and turnover. Such a financial shock can be partly absorbed by the system of temporary unemployment. Belgium has several systems of temporary unemployment, which are supervised by the National Employment Office (RVA/ONEM). Initially, there are two relevant systems: temporary unemployment due to force majeure and temporary unemployment due to economic reasons. However, the government has decided to open up the temporary unemployment procedure due to force majeure to all situations related to the coronavirus, without actually referring to a situation of force majeure. This is because the procedure for economic reasons is often much more cumbersome. If the temporary unemployment is not due to the coronavirus, the employer can still invoke the system of temporary unemployment for economic reasons.
The Australian Human Rights Commission has released its landmark report arising from its national inquiry into sexual harassment in Australian workplaces. The Commission’s report has been presented to the Attorney-General Christian Porter and, according to reports, will be reviewed in conjunction with state governments and the private sector. Preliminary responses have been mixed with calls […]
Paris, March 16, 2020 – The Coronavirus and the disease it causes, COVID-19, have important legal implications for employers and their workers. The health and political situation in France is quickly evolving, on a daily basis. Below you will find guidelines on the situation as well as answers to some of the more common questions […]