Oral contracts are often difficult to enforce because the facts are contested or remembered differently. The age-old admonition to “get it in writing” is as valid today as in the days of scriveners with quill pens. David...more
Employer avoids liability for harassing texts sent by rogue employee -
In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts...more
Pattie Walsh, Location Head of our London office, comments: In July 2013, in the spirit of allowing employers to engage in more open and frank conversations with their employees, the Government introduced a new regime of...more
2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes.
Two Ontario Superior Court decisions once again highlight the importance of precise and explicit wording in employment contracts, particularly in respect of termination clauses. The court concluded in both decisions that the...more
Does there need to be a reason for termination?
In addition to a party’s right to bring a contract to an end at common law, most engineering and construction contracts contain provisions allowing the parties to terminate...more
New statutory provisions on confidential pre-termination negotiations will come into force in the UK on 29 July 2013. In simple terms, the new provisions permit discussions between employers and employees about terminating...more
Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more
Overseas, dismissing an individual employee gets complex and is heavily regulated. Dismissal mandates under foreign law tend to fall into three broad categories: dismissal procedures, pre-termination notice...more
Terminations in Brazil are tricky enough. If “just cause”—which is statutorily established and defined—does not exist, an employer can be on the hook for quite a bit, including indemnities and taxes tied to the balance in the...more
The Government has announced an updated and revised timetable for the implementation of its proposed employment law reforms over the next two years.
The Government’s Employment Law Review was launched in 2010 to...more
Multinationals facing overseas dismissals too often skip ahead to check local laws on pre-termination notice, severance pay and dismissal procedures. But often, threshold circumstances override these...more
A judge rejects the one-month-per-year rule of thumb for calculating termination notice periods, but then applies it. The employee’s lawyer is prepared to concede that notice periods should be capped at 24 months, but the...more
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