Giving a presentation brings so much tension to an employee, that it causes a physical reaction (vomiting) as a result of which the presentation must be stopped. As a result of this incident, the employer (Grolsch, a Dutch beer brewery) requested termination of the employment agreement based on a disturbed working relationship. The court ruled […]
Tracking Employees by GPS: A Dangerous Road for Employers
In today’s world, employers have access to otherwise inaccessible information. Many employees now have cell phones, laptops, or other technical devices to increase efficiency. Some employers monitor their employees’ productivity through smartphone apps. On several occasions, Courts in the United States have ruled on the issue of GPS tracking in criminal matters and its compatibility […]
L&E Global’s 2016 Global Handbook | Employment Litigation
For employers with operations in multiple jurisdictions, litigation over disputes related to employment matters is a very real and increasingly significant concern, which applies to every sector of industry, in every region of the world. This comprehensive publication includes contributions from 28 key jurisdictions across 5 continents and will be a valuable resource for all […]
Monitoring Employee Communications
A recent decision of the European Court of Human Rights (“the ECHR”), Bogdan-Mihai B?rbulescu c. Romania (“B?rbulescu”), serves as an important reminder to employers of the extent to which they may monitor their employees’ private life and communications. Background Bogdan-Mihai B?rbulescu was employed as an engineer in charge of sales at a private company (“the […]
Mussels, Frites, Bruges and Beer
Mussels, frites, Bruges and beer. Whilst this is certainly not all that Australians know about Belgium, these four things featured prominently in discussions with colleagues and friends about my then upcoming secondment to Brussels. Perhaps this is unsurprising given that in some circles moules-frites (or moules et frites in French) is considered Belgium’s national dish, […]
Religious Symbols in the Workplace
There is extensive case law, including in the European Court of Human Rights (“ECHR”), which considers the balance between, on the one hand, the right of an employee to freely express his religious beliefs, and, on the other hand, the principles of secularism and neutrality applicable in a particular State. However, the vast majority of […]
ECJ invalidates Data Transfer Pact between U.S. and Europe
On Tuesday 6 October 2015, the European Court of Justice (ECJ) issued a landmark ruling against the transfer of personal data from Europe to the United States.[1] This ruling invalidates European Commission Decision 2000/520, which provided a legal basis for the transfer of personal data from the European Union (EU) to undertakings established in the […]
Cheerleaders in California are Now Considered Employees
In response to a major class action lawsuit in the case Lacy T. et al. v. the Oakland Raiders, California has become the first state in the country to recognize cheerleaders as “employees”. Background The plaintiffs in Lacy T. et al. accused the NFL franchise of wage-violations and other unfair employment practices. Under their contracts, […]
New China Foreign Investment Law Proposed
On January 19, 2015, the Ministry of Commerce of China (“MOFCOM”) announced a draft PRC Foreign Investment Law (the “FIL”) for public comment. The Chinese government aims to adapt foreign investment to the current situation of China´s development with this draft, as well as to create a stable and transparent legal environment. The spokesman of […]
From Bordeaux to Brussels – A Journey to Become an Employment Lawyer
My name is Quentin Keraval. I am a french student, native to Bordeaux, preparing to take the entrance exam (Centre Régional de Formation Professionnel des Avocats) to begin law school in France. After completing my first four years at the University of Bordeaux IV, I continued my university studies at the University of Montpellier I […]