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International Labor Laws Employee Misconduct

A&O Shearman

UK Financial Conduct Authority proposes new rules and guidance on non-financial misconduct

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The UK Financial Conduct Authority's consultation on diversity and inclusion (D&I) in financial services proposes new rules and guidance on identifying and taking action in relation to non-financial misconduct such as...more

Littler

Alberta, Canada Court Holds Senior Executive Personally Liable to Employer

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In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more

Stikeman Elliott LLP

Salina v. Investors Group: Employers Do Not Owe a Duty of Care to Employees in Connection with Workplace Investigations

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In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more

Littler

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

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In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

Stikeman Elliott LLP

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

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An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

Littler

Clawback clauses in the Netherlands can be a risky business

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"Clawback clauses" state that employees must refund all or part of their variable bonus if it is determined that the bonus should not have been paid out in the first place. ...more

Littler

Ontario, Canada Court Finds With-Cause Dismissal of Long-term Fiduciary Employee Justified

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In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court found that the Chamber of Commerce (COC) was justified in dismissing with cause a 75-year-old, long-term employee with no prior...more

Littler

The Netherlands: Court Awards Damages to Manager Properly Fired for Misconduct Due to Unfair Investigation

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A recent Dutch Court of Appeal decision demonstrates the importance of conducting a fair investigation into charges of employee misconduct. The court in this case awarded “immaterial” damages to a manager whose job was...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - March 2020

In this edition of our UK Employment Flash, we examine tribunal rulings on whether covert recordings constitute misconduct and whether ethical veganism is a "philosophical belief." We also look at guidance for U.K. employers...more

Hogan Lovells

Employment News: unfair dismissal, equal pay, what's new

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Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more

Littler

15 Key Developments in Canadian Labour & Employment Law in 2019

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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

Hogan Lovells

Employment News: wrongful dismissal, equal pay, workers

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Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

Hogan Lovells

Employment News: protected conversations, working time, investigations

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It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more

Hogan Lovells

Pre-suspension hearings, no more?

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Over the past 10 years, employers in the private sector where thrust into conducting a precautionary suspension hearing to avoid a claim of an unfair labour practice (public sector employers already played in that arena)....more

Hogan Lovells

Derivative misconduct

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Even if you don’t know the wrongdoers, you can still dismiss…but do it the right way! This is all but related to a difficult concept of "derivative misconduct"...more

Littler

Littler Global Guide - United Kingdom - Q2 2018

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Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more

Hogan Lovells

Employment News - October 2017 #2

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Too much information? References to previous incidents did not make investigation unfair - In NHS 24 v Pillar the EAT found that an investigation into misconduct which took account of earlier incidents that had not been...more

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