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Employment & Benefits

18 September 2019
Megan Beal Constructively dismissed? Maybe, but get back to work

Canada - Fasken

A recent decision reaffirms that employees must return to work following a constructive dismissal to mitigate the damages that they caused where doing so would not be embarrassing, humiliating or degrading. In such cases, employers should consider whether it is appropriate to re-offer an employee the opportunity to return to work following an allegation of constructive dismissal, as this could greatly limit the damages and their potential liability in litigation.

Author: Megan Beal
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Dominique Berther Bonus payments for Swiss employees

Switzerland - Rihm Rechtsanwälte

Each year many Swiss corporate clients ask the same question: are bonus payments under an employment contract at the full discretion of employers and therefore voluntary or do employers have an enforceable financial obligation in this regard? This article addresses the factual and legal considerations which usually play a role when HR departments prepare for the yearly bonus season.

Author: Dominique Berther
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David Hopper European works councils cannot slow down managerial decision making

United Kingdom - Lewis Silkin

In the United Kingdom's first appeal case on the operation of a European works council, the Employment Appeal Tribunal (EAT) has ruled that European works councils cannot slow down managerial decision making by delaying the provision of an opinion after being informed and consulted. The EAT's decision is unsurprising but nonetheless welcome for employers.

Author: David Hopper
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Recent updates

Sophie Arseneault Please hold the line: what to do when receiving calls from employment insurance officers

Canada - Fasken

Author: Sophie Arseneault
Angie Creery Response published to consultation on misuse of confidentiality clauses

United Kingdom - Lewis Silkin

Author: Angie Creery
Ole Kristian Olsby Employer liable for customer's sexual harassment of employee

Norway - Homble Olsby | Littler

Authors: Ole Kristian Olsby, Lise Gran
Hasret Mutlu Revised Federal Act on Gender Equality – effective enforcement instrument for equal pay?

Switzerland - Rihm Rechtsanwälte

Author: Hasret Mutlu
Francesco Pedroni National Labour Inspectorate specifies scope of penalties for irregular posting of employees

Italy - Stanchi Studio Legale

Author: Francesco Pedroni
Patricia Yeung How does the GDPR affect Hong Kong employers?

Hong Kong - Howse Williams 何韋律師行

Author: Patricia Yeung
Richard I Scharlat NLRB allows employers to impose arbitration agreements after class/collective action has been filed

USA - Dentons US LLP

Authors: Richard I Scharlat, Sarah Hannah Phillips
Ebele Ikpeoyi Employment law considerations during mergers

Nigeria - Bloomfield Law

Author: Ebele Ikpeoyi

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