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Employment & Benefits

22 May 2019
Alyssa LeBlanc Cost of intimidation: what not to do when terminating employees

Canada - Fasken

A recent Court of Appeal decision demonstrates the high cost of bad faith when terminating a senior employee for cause. The decision reads as a how-to guide in reverse (ie, what not to do when terminating an employee) and highlights that employers should not (among other things) refuse to inform a terminated employee as to why they are alleging cause or file baseless counterclaims.

Author: Alyssa LeBlanc
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Sören Seidel EU member states must require employers to record working time systematically

European Union - Allen & Overy LLP

The European Court of Justice recently ruled that EU member states must require employers to establish an objective, reliable and accessible system for measuring their employees' daily working times. Without such a system, the hours and overtime actually worked cannot be reliably measured and employees' ability to enforce their rights cannot be guaranteed.

Author: Sören Seidel
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Guy Castegnaro New law increases statutory leave entitlement and introduces additional public holiday

Luxembourg - Castegnaro

A new law modifying the Labour Code and the Modified Law establishing the General Status of Civil Servants recently came into effect. The law has increased the minimum statutory paid leave entitlement from 25 to 26 days a year. It has also declared Europe Day, celebrated annually on 9 May, a statutory public holiday.

Authors: Guy Castegnaro, Ariane Claverie
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Mattea Pullicino Employers should wait for criminal court decisions before terminating employment

Malta - Fenech & Fenech Advocates

Industrial Tribunal cases tend to be sensitive in nature as they essentially deal with a person's livelihood; however, when the Industrial Tribunal is faced with matters which have also been referred to the courts of criminal jurisdiction, such cases are even more complex. In particular, there are questions around how an employer should regulate itself regarding an employee's employment when it is confronted with a pending decision by the criminal court.

Author: Mattea Pullicino
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César Navarro New regulations aim to improve gender equality

Spain - CMS Albiñana & Suárez de Lezo

The Royal Decree-Law on Urgent Measures to Guarantee Equal Treatment and Opportunities for Women and Men in Employment and Occupation recently came into force, amending the Workers Statute and the Equality Law. The decree-law, which applies to companies established in Spain, aims to improve gender equality between women and men, reinforce equal pay and enable parents to share childcare responsibilities.

Authors: César Navarro, María José Ramos
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Saffron O'Gorman EAT confirms that removal of outdated contractual entitlement following transfer was not void

United Kingdom - Lewis Silkin

The Employment Appeal Tribunal recently upheld a decision that the removal of outdated contractual entitlements following a Transfer of Undertakings (Protection of Employment) (TUPE) transfer was not void, as the sole or principal reason was not the transfer or a reason connected with the transfer. This is a relatively rare example of contractual changes following a TUPE transfer being permissible.

Author: Saffron O'Gorman
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Recent updates

Richard I Scharlat New Jersey agreements with employees: new law leaves nowhere to hide

USA - Dentons US LLP

Author: Richard I Scharlat
Aaron Goonrey The untouchable employee and dangers of playing office politics

Australia - Lander & Rogers

Authors: Aaron Goonrey, Justine Krajewski
Richard Lister Pre-transfer dismissal was by reason of transfer and automatically unfair

United Kingdom - Lewis Silkin

Author: Richard Lister
Matthew Larsen How respectful workplaces can reduce risk of successful constructive dismissal claims

Canada - Fasken

Author: Matthew Larsen
Francesco Pedroni Supreme Court defines limits of immunity of foreign states from Italian jurisdiction in employment lawsuits

Italy - Stanchi Studio Legale

Author: Francesco Pedroni
Jakob Widner Supreme Court on hairstyles and discrimination

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Jakob Widner
Luke Tapp Redundancy and restructuring overview

United Arab Emirates - Pinsent Masons

Author: Luke Tapp
Ole Kristian Olsby Proposal to strengthen position of whistleblowers

Norway - Homble Olsby Advokatfirma AS

Authors: Ole Kristian Olsby, Lise Gran