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Employment Law

Navigating Holiday Season Challenges: HR Compliance and Best Practices
Employment Law
Navigating Holiday Season Challenges: HR Compliance and Best Practices

The holiday season is a time of joy and celebration, but for HR departments, it can also be a period fraught with compliance challenges and potential pitfalls. Ensuring that company policies are upheld while fostering a positive work environment is crucial. This article delves into four primary areas of concern for HR professionals during the holiday season: gift-giving, holiday payments,

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Do You Know Your Rights Under Employment Laws?
Employment Law
Do You Know Your Rights Under Employment Laws?

In today’s rapidly evolving work environment, understanding employee rights is crucial for both workers and employers. Employment laws are crafted to foster a fair relationship between the two parties, covering a range of issues from hiring processes to workplace safety standards. These laws not only offer protections but also impose responsibilities on employers to ensure that the work environment is

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Future Employment Law Shifts: U.K., EU, and U.S. Post-Election Trends
Employment Law
Future Employment Law Shifts: U.K., EU, and U.S. Post-Election Trends

The recent webinar on global compensation, employment, pensions, and governance brought together a panel of employment and compensation lawyers from various jurisdictions who discussed future shifts in employment law following the recent U.S., U.K., and EU elections. Moderated by Inge Vanderreken, the discussion featured insightful contributions from John Cannon, Arnold Keizer, and Gordon Bartlett. The main focus of the event

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Was the Environmental Technician’s Dismissal by the Book?
Payroll
Was the Environmental Technician’s Dismissal by the Book?

The recent decision by the Fair Work Commission (FWC) in Australia has brought significant attention to an unfair dismissal case involving an environmental technician. Employed from February 28, 2020, until his abrupt dismissal on May 8, 2024, the technician claimed that his termination was unjust. This case has become a crucial analysis of disciplinary procedures, employer obligations, and the principle

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Was the Injured Truck Driver an Employee or Independent Contractor?
Employment Law
Was the Injured Truck Driver an Employee or Independent Contractor?

In the complex world of employment relationships, determining whether a worker is an employee or an independent contractor often falls into a murky gray area. Such ambiguity came into sharp focus in a recent Hong Kong case involving a truck driver who suffered an injury while on duty. The core issue was the nature of his employment status, which was

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FWC Defines “Earnings” in High-Income Dismissal Eligibility Case
Payroll
FWC Defines “Earnings” in High-Income Dismissal Eligibility Case

The Fair Work Commission (FWC) recently addressed a pivotal case involving a senior cybersecurity specialist dismissed from a chemicals, energy, and fertilizers company. The employee challenged his termination on the grounds of unfair dismissal, asserting his earnings fell below the high-income threshold required to file such claims. Central to the dispute was whether his technical support allowance, received outside of

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Court Revives Manager’s Claims of Wrongful Firing Due to Diabetic Episode
Employment Law
Court Revives Manager’s Claims of Wrongful Firing Due to Diabetic Episode

The case involving a former Hardee’s restaurant store manager in Nebraska has drawn significant attention after the 8th U.S. Circuit Court of Appeals decided to revive her claims of wrongful termination. After experiencing a severe diabetic episode, resulting in her inability to comply with her employer’s call-in policy, she alleges her termination was a violation of her rights under the

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FWC Upholds Compensation for Unfairly Dismissed WA Worker
Employment Law
FWC Upholds Compensation for Unfairly Dismissed WA Worker

The Fair Work Commission (FWC), Australia’s national workplace relations tribunal, has recently delivered a pivotal ruling in favor of a Western Australian disability support worker who was subject to unfair dismissal by her employer, a health care services provider. The case hinged on the involuntary resignation of the worker following unilateral changes to her employment contract initiated by the employer,

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Proving Damages in Wrongful Termination: A Lesson from B.C. Tribunal Cases
Employment Law
Proving Damages in Wrongful Termination: A Lesson from B.C. Tribunal Cases

In British Columbia, employers grappling with the decision to terminate an employee for breach of contract face a complex legal landscape, as highlighted by recent tribunal cases. These cases emphasize the crucial role of solid evidence in wrongful termination lawsuits and shed light on the subtleties that can sway the outcome of such legal challenges. For employers, these pivotal decisions

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Is Your Employment Arbitration Agreement Enforceable?
Employment Law
Is Your Employment Arbitration Agreement Enforceable?

In the dynamic landscape of employment law, the significance of arbitration agreements has gained the spotlight, especially after a notable case from Central Florida. At the heart of the discussion is whether an employee’s refusal to sign an arbitration agreement impacts their ability to pursue a discrimination claim. These arbitration agreements are more than just standard contracts; they are complex

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Employee in British Columbia Wins $81,100 in Damages After Wrongful Dismissal Over “Strongly Worded” Email
Employment Law
Employee in British Columbia Wins $81,100 in Damages After Wrongful Dismissal Over “Strongly Worded” Email

In a recent employment dispute in British Columbia, an employee has emerged victorious after being wrongfully dismissed over a “strongly worded” email. The Supreme Court ruling awarded the employee, Lefebvre, a significant sum of $81,100 in damages. Let us delve into the details of this case and examine the events leading up to the court’s decision. Background of the case

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Appeals Court Curtails NLRB’s Power: Tesla’s Union Insignia Policy Deemed Permissible
Employment Law
Appeals Court Curtails NLRB’s Power: Tesla’s Union Insignia Policy Deemed Permissible

A recent federal appeals court ruling has provided welcome news for employers who enforce uniform policies. The U.S. Court of Appeals for the Fifth Circuit determined that the National Labor Relations Board (NLRB) exceeded its authority by declaring that any employer meddling with an employee’s right to display union insignia, no matter how small, is permissible only under certain “special

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