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JAMS

Global Perspectives on Employment Litigation: Part 2

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Globalization continues to transform workplaces into vibrant intersections of cultures and practices. Yet with this richness comes complexity: Cross-cultural misunderstandings can easily escalate into disputes when legal...more

Ius Laboris

Under Pressure: Mental Health at Work in Times of Uncertainty

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Today is the World Day for Safety and Health at Work. To mark the occasion, we take a look at the important area of mental health in the workplace, something that has become one of the most pressing concerns for employers...more

Ius Laboris

European Court Rules on Norwegian Staffing Agency Restrictions

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At the request of the Oslo District Court, the European Free Trade Association Court has issued an advisory opinion on the interpretation of the European Economic Area Agreement as it relates to freedom to provide staffing...more

Littler

UK Government Seeks to Extend Tribunal Claim Limitation Periods from 3 to 6 Months

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The Employment Rights Bill, published on October 10, 2024, has been making its way through Parliament and is currently going through the Commons Committee Stage, where a detailed examination of its provisions has been taking...more

Seyfarth Shaw LLP

The emerging law on women’s advancement programs and transgender rights: a cross-border perspective

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The landscape of transgender employment laws is evolving globally, with various jurisdictions adopting laws that ensure inclusivity and non-discrimination in the workplace. This area is one of the most complex issues in...more

Littler

Ontario, Canada Court Finds Termination Provisions Unenforceable and Awards Employee Punitive Damages

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Wilds v. 1959612 Ontario Inc., 2024 ONSC 3452, involves a wrongful dismissal action in which the employee brought a motion for summary judgment. The court found the termination provisions in her employment agreement were...more

Stikeman Elliott LLP

A Win for Employers: The Ontario Superior Court of Justice Upholds Termination Provision

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In the recent Bertsch v. Datastealth Inc., 2024 ONSC 5593 decision, the Ontario Superior Court of Justice upheld the enforceability of a "with or without cause" termination provision that limited the employee's entitlement on...more

Littler

UK: Fire and rehire –where are we now and what happens next?

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The controversial practice of “firing and rehiring” – dismissing employees and offering to re-engage them on new terms and conditions, typically to push through a negative change to which the employee has refused to agree –...more

Littler

Ontario, Canada Court Orders Independent Medical Examination of Employee Claiming Indefinite Inability to Mitigate Due to Mental...

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Marshall v. Mercantile Exchange Corporation, 2024 CanLII 71128  (ONSC), is an action for wrongful dismissal where the employee claimed he could not mitigate his damages by seeking alternative employment indefinitely because...more

Littler

Ontario, Canada Court Reinforces Waksdale’s Impact on Enforceability of Termination Provisions and Provides Guidance on Proving...

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In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more

Littler

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

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In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more

Seyfarth Shaw LLP

Navigating employee relations: The advisor’s role (Part 5)

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In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”...more

Seyfarth Shaw LLP

Will Australians connect with the right to disconnect?

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The right to disconnect has been in the media a lot. But if we look behind the headlines, what impact is it actually going to have? ...more

Seyfarth Shaw LLP

Flexible Working in Singapore – Implementation of the Tripartite Guidelines on Flexible Work Arrangement Requests and What This...

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Introduction Since the COVID-19 pandemic hit and brought about much uncertainty, employers across the globe have had to grapple with the concept of flexible working. The implementation of flexible working differs from...more

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Seyfarth Shaw LLP

Navigating employee relations: The advisor’s role (Part 1)

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In recent months, I’ve spoken to many HR professionals about employee relations (ER). The challenging nature of the role for those in ER was a common theme. The role of ER has never been more valuable to Australian employers,...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash

In this issue we discuss the new Labour government’s proposals to strengthen protections for employees; an Employment Appeal Tribunal decision that affirmed that an employee’s waiver of future claims that were unknown at the...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

French Supreme Court Upholds Dismissal Caused by Office Romance

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France is proud to call itself the land of human rights, and Paris the city of love. This pride is not unfounded given how strictly an employer’s actions are regulated when it comes to office romance.  As inappropriate as...more

McDermott Will & Schulte

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more

McDermott Will & Schulte

Krankenstand so hoch wie nie: Was können Arbeitgeber tun?

Die Statistiken sind eindeutig: Im Jahr 2023 fehlten Arbeitnehmer in Deutschland krankheitsbedingt durchschnittlich 15,2 Tage. Damit hat der Krankenstand in Deutschland einen neuen Höchstwert erreicht. Oft bestehen Bedenken,...more

Littler

Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

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In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more

Ius Laboris

Crossborder dispute rules

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The EU ‘Brussels I-bis’ regulation designates which country’s court has jurisdiction in international situations. It contains specific procedural rules for employment disputes....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

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