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Employment & Benefits

22 January 2020
Jordan Thompson Employer breaches duty of good faith and honest performance: now what?

Canada - Fasken

Employers have a duty of good faith when they terminate an employee, which requires them to be honest and forthright with employees when doing so. The law has also developed to recognise a duty to perform a contract honestly and in good faith. The Supreme Court is now deciding what happens when an employer breaches that duty. Should a court award an employee money for incentive compensation that they would have expected to receive had it not been for the breach?

Author: Jordan Thompson
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Yvonne Frederiksen Disabled mother dismissed: disability and gender discrimination at work contravenes law

Denmark - Norrbom Vinding

A district court has confirmed a 2018 Equal Treatment Board finding that the dismissal of a female wheelchair user who had just returned from maternity leave contravened the Anti-discrimination Act and the Act on Equal Treatment of Men and Women. The decision emphasises that employers which implement redundancies for operational reasons for employees with disabilities should always be able to explain in detail why it is the employee with the disability who is a candidate for redundancy.

Author: Yvonne Frederiksen
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Guy Castegnaro Drink or work: a choice must be made

Luxembourg - Castegnaro

Employees may drink a small glass of alcohol in the workplace, whether at after-work events or professional lunches or during festivities organised by the company. However, what happens if an employee arrives at work intoxicated? The Court of Appeal was recently confronted with such a situation and had to consider the conditions under which an employee's state of intoxication can justify their dismissal.

Authors: Guy Castegnaro, Ariane Claverie
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Luke Tapp Whistleblowing laws for employers: what to watch out for

United Arab Emirates - Pinsent Masons

There is no definition of 'whistleblowing' under UAE law and, until recently, there were no laws specifically providing for whistleblower protection. Historically, the Penal Code has placed a positive obligation on all persons to report crime, but this reporting requirement is difficult to enforce. However, recent changes to UAE law have gone some way to encourage employees to escalate and report corporate wrongdoing.

Authors: Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen
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Gemma Taylor Vegans protected by Equality Act: what does it mean for employers?

United Kingdom - Lewis Silkin

According to an employment tribunal in the widely reported case brought by Jordi Casamitjana, ethical veganism can be a philosophical belief that is protected under the Equality Act. But what does this mean in practice for employers?

Author: Gemma Taylor
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Recent updates

Laura Epplett School no excuse for excessive absenteeism: arbitrator rules in upholding termination

Canada - Fasken

Author: Laura Epplett
Moran Friedman Weekly rest requirements for employees in Israel

Israel - Fischer Behar Chen Well Orion & Co

Author: Moran Friedman
Kaitlyn Gulle Fiery fight over Metropolitan Fire and Emergency Services Board's latest agreement

Australia - Lander & Rogers

Authors: Kaitlyn Gulle, Alice Alexander
Sean Dempsey 2019 in employment law

United Kingdom - Lewis Silkin

Authors: Sean Dempsey, Richard Lister
Agnieszka Fedor Summary of 2019 labour law amendments

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Agnieszka Fedor, Filip Sodulski
Brian Baggott DOL issues final rule clarifying how to calculate regular rate for overtime pay

USA - Dentons US LLP

Authors: Brian Baggott, Erin Bass
Guy Castegnaro Can an employee justify their immediate resignation due to imperfect management of company?

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
César Navarro Gig economy: Madrid High Court of Justice unifies criteria and declares Glovo riders are employees

Spain - CMS Albiñana & Suárez de Lezo

Author: César Navarro

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