Employment & Benefits updates

Canada

Contributed by Fasken
Please hold the line: what to do when receiving calls from employment insurance officers
  • Canada
  • 11 September 2019

An adjudicator considering allegations of unjust dismissal under the Canada Labour Code recently ruled that an employer was prohibited from asserting dismissal for misconduct since the issue had already been decided by an employment insurance officer. The decision reminds employers to proceed with caution when communicating with employment insurance officers after a termination. They should also consider the potential ramifications of not appealing an officer's decision.


Italy

Contributed by Stanchi Studio Legale
National Labour Inspectorate specifies scope of penalties for irregular posting of employees
  • Italy
  • 11 September 2019

The posting of employees from an EU country to Italy must comply with Legislative Decree 136/2016. The law applies to companies established in EU member states which, in the context of the provision of services, post to Italy one or more employees in favour of another company, including those belonging to the same group, another production unit or another recipient, on the condition that during the posting, an employment relationship continues to exist with the posted employee.


Norway

Contributed by Homble Olsby | Littler
Employer liable for customer's sexual harassment of employee
  • Norway
  • 11 September 2019

A recent district court ruling demonstrates that an employer can be liable for a customer's sexual harassment towards an employee. The ruling shows that, as a minimum, employers should perform a risk analysis of and have a zero-tolerance approach to sexual harassment, have guidelines on sexual harassment matters and immediately address sexual harassment situations if they occur.


Switzerland

Contributed by Rihm Rechtsanwälte
Revised Federal Act on Gender Equality – effective enforcement instrument for equal pay?
  • Switzerland
  • 11 September 2019

Since 1981, the Federal Constitution has guaranteed equal wages for men and women who carry out similar work; however, a wage disparity exists that arguably cannot be explained by anything other than gender. The revised Federal Act on Gender Equality, which enters into force on 1 July 2020, aims to remedy this situation. Under the new regime, companies with 100 or more employees will be obliged to carry out an internal wage equality analysis every four years to identify any gender pay gaps.


United Kingdom

Contributed by Lewis Silkin
Response published to consultation on misuse of confidentiality clauses
  • United Kingdom
  • 11 September 2019

As part of a flurry of responses and new consultations issued in the last days of Theresa May's government, the response to the consultation on measures to prevent the misuse of confidentiality clauses in the workplace was published. It sets out a number of significant legislative proposals which, when implemented, will necessitate redrafting of these clauses in both employment contracts and settlement agreements.