News & Analysis as of

International Labor Laws Appeals

Littler

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified...

Littler on

In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal (BCCA) upheld the lower court’s dismissal of an employee’s wrongful dismissal claim and its finding that his surreptitious...more

Littler

Alberta Court of Appeal Decides Employees Entitled to Common Law Reasonable Notice Because Termination Clause Ambiguous

Littler on

In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more

Stikeman Elliott LLP

Gone in 60 Days (or More): Court of Appeal Finds Termination Clause did not Limit Employee Termination Entitlements

Stikeman Elliott LLP on

The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more

Littler

Ontario, Canada Appeal Court Decides Employment Not Continuous for Purposes of Reasonable Notice Calculation for Employee...

Littler on

In Antchipalovskaia v. Guestlogix Inc., 2022 ONCA 454, the employer appealed a decision that the employee was entitled to 12 months’ notice for her dismissal without cause, which was based in part on a finding that she was...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

Littler on

In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Littler

Ontario, Canada Appeal Court Decides Non-competition Clause in Employment Agreement Governed by Common Law is Unenforceable

Littler on

In M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Court of Appeal for Ontario (OCA) dismissed an employer’s appeal of an application judge’s decision that a non-competition clause in an employment agreement governed by...more

Littler

British Columbia, Canada Court of Appeal Upholds Determination That Three Taxi Drivers Are Employees

Littler on

In Beach Place Ventures Ltd. v. Employment Standards Tribunal, 2022 BCCA 147, the British Columbia Court of Appeal (BCCA) upheld a determination by the Employment Standards Tribunal (Tribunal) that three taxi drivers...more

Littler

Ontario, Canada Court of Appeal Upholds 26-Month Reasonable Notice Period Due to Exceptional Circumstances

Littler on

In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal (OCA) dismissed the employer’s appeal of a lower court decision in which trial judge held “exceptional circumstances” existed to justify making an...more

Stikeman Elliott LLP

An Accident While Working From Home Can Still Cause an Occupational Injury

Stikeman Elliott LLP on

Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’...more

Littler

Littler Global Guide - Sweden - Q4 2021

Littler on

On December 17, 2021, the new Whistleblowing Act (2021:890) entered into force, implementing the EU Whistleblowing Directive (2019/1937). The new act provides protection of persons who, in a work-related context, have...more

Stikeman Elliott LLP

Do the Paid Flexible Leave Days You Offer your Employees Satisfy your Obligations under the Labour Standards Act: The Quebec Court...

Stikeman Elliott LLP on

As you know, since January 1, 2019, the Labour Standards Act (the "LSA") provides that employees who are credited with at least three (3) months of uninterrupted service are allowed a maximum of two (2) days of paid leave per...more

Littler

Ontario, Canada Court of Appeal Confirms Corporate Directors May Face Statutory Claims for Unpaid Wages in Wrongful Dismissal...

Littler on

The Ontario Court of Appeal’s (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to make a claim against them in a wrongful...more

Littler

Ontario, Canada: Court of Appeal Upholds $1.27 Million Damage Award for Constructive Dismissal

Littler on

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2020 ONCA 816 (McGuinty), the Court of Appeal for Ontario upheld the Ontario Superior Court’s decision to award an employee one of the highest damage awards ever...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Dechert LLP

Health, safety and working conditions in France / First semester of 2020

Dechert LLP on

This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more

Vinson & Elkins LLP

Good News For Employers Wanting To Avoid Expat Lawsuits In Foreign Courts

Vinson & Elkins LLP on

A recent U.S. appeals court decision provides some helpful guidance to employers seeking to avoid the application of foreign laws to their expatriate employees. In 3D/International, Incorporated, et al. v. Joseph F. Romano,...more

Hogan Lovells

Employment News: PCPs, NDAs, unfair dismissal

Hogan Lovells on

Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Littler

Littler Global Guide - United Kingdom - Q4 2019

Littler on

Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more

Littler

15 Key Developments in Canadian Labour & Employment Law in 2019

Littler on

Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more

BCLP

Good news for the Macron grid: The Paris Court of Appeal follows in the footsteps of the French Supreme Court

BCLP on

Following the ruling of the Supreme Court on 17 July 2019, the Paris Court of Appeal, by a judgment dated 30 October 2019, validated the Macron grid capping damages for unfair dismissal. This policy, which limits the...more

Hogan Lovells

Employment News: harassment, employment status, religion and belief, IP

Hogan Lovells on

Further developments in relation to harassment - The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more

Hogan Lovells

Employment News: discrimination, strikes, Queen's speech

Hogan Lovells on

Coming clean – false reason for dismissal shifted burden of proof - In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - August 2019

In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including the Court of Appeal's ruling regarding pay for fathers or other caregivers taking shared...more

Littler

UK Supreme Court Revises Test for Evaluating Post-termination Restrictions

Littler on

To much fanfare and the great excitement of many employment lawyers, the UK Supreme Court recently delivered its first judgment on employment post-termination restrictions for a century, in Tillman v. Egon Zehnder. The court...more

45 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide