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Unfair/ Wrongful Dismissal
Australia
Cooper Grace Ward
Any new systems and methods for the collection and use of sensitive employee information must be legally compliant.
Canada
Gowling WLG
The BC Supreme Court recently considered the enforceability of arbitration clauses in employment contracts, as was addressed in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 ("Uber").
Miller Titerle + Company LLP
Recently, the BC Court of Appeal commented on several foundational issues that arise in wrongful dismissal litigation. Particularly, the following are of interest to employers:
CCPartners
Last week Mike MacLellan blogged on a case where a unionized employee was terminated for sexually harassing another employee. This week we're reviewing a termination case that involved
McMillan LLP
Cormier v. 1772887 Ontario Limited c.o.b. as St. Joseph Communications is an important reminder that contractors may be entitled to reasonable notice upon termination without cause.
Roper Greyell LLP – Employment and Labour Lawyers
Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company's Christmas gift of Gets Sauced BBQ sauce and a company branded wooden scraper.
Devry Smith Frank LLP
Any group of eligible workers in Ontario can form a union. If 40% of the membership signs union membership cards, the Ontario Labour Relations Board will hold a vote to determine whether the union
Cassels
The threshold for establishing just cause for dismissal is high. Courts consider a dismissal for just cause to be tantamount to "capital punishment" in employment law.
Littler - Canada
Since January 1, 2018, section 13(4) of the Workplace Safety and Insurance Act (WSIA) has provided for entitlement to workers' compensation benefits for chronic and traumatic stress.
Aird & Berlis LLP
More and more commonly, employers are offering alternatives in how they compensate their employees, such as the granting of share options and restricted share units.
Cayman Islands
Bedell Cristin Cayman Partnership
With over half of the world's population actively using many distinct forms of social media, employers are increasingly having to deal with inappropriate online behaviour by employees.
Ireland
Arthur Cox
The Labour Court has upheld the dismissal of a former Dublin City Council employee for persistent and excessive absence.
Jersey
Bedell Cristin Cayman Partnership
Advocate Edward Drummond, assisted by Sonia Minns and Victoria Ramos, recently acted for the Little Sisters of the Poor in their successful defence of claims brought by a former employee
Malta
GVZH Advocates
The Industrial Tribunal recently heard the following four cases simultaneously, (Dr. Jeremy Debono representing the absent Gordon Clark vs Dragonara Gaming Limited, ...
GANADO Advocates
If this opinion is accepted by the ECJ, such a clarified position will be welcome under EU law.
South Africa
Werksmans Attorneys
Whether an act of dishonesty would lead to a breach in the trust relationship so as to render the continuation of employment intolerable.
Werksmans Attorneys
A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...
UK
Wrigleys Solicitors
In an unfair dismissal claim, the employer must show that the reason, or if there is more than one reason
Hogan Lovells
A tribunal or court can only hear a whistleblowing claim against a British employer from someone working outside ...
Wrigleys Solicitors
Dismissal and breach of right to privacy were justified by potential risk to employer's reputation as statutory safeguarding partner.
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