One of the key distinguishing feature between an independent and dependent contractor, particularly for employers, is that dependent contractors are owed reasonable notice upon dismissal. As reported by the Toronto Star, the distinction between the classifications is very important. The question at issue in a recent case before the Ontario Court of Appeal (reported on by the Star in the link provided above) was the point in time at which a worker’s “exclusivity” of…

This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)  As mentioned in our briefing posted in December 2014 (Holiday Pay: Where are we now?), there has recently been litigation in the UK in relation to the correct calculation of holiday pay and the factors which should be taken into account. The current position in the UK is that workers must receive their “normal remuneration” during periods of statutory holiday. This means…

This post was contributed by Jonathan Iyer, Trainee, Norton Rose Fulbright LLP (London)  Employees in Great Britain have rights under the Employment Rights Act 1996 not to be unfairly dismissed and not to suffer any detriment for whistleblowing. Can an employee based in Australia working for a British company under a remote working arrangement still seek the protection of these rights under UK legislation? Yes, says the Employment Appeal Tribunal (the EAT) in a recent case.…

The fallout has continued from the industrial dispute between building company Grocon and the Construction, Forestry, Mining and Energy Union (CFMEU), which culminated in a major blockade in Melbourne’s central business district in August 2012, with the Full Federal Court partially allowing an appeal by the CFMEU against a decision that would have permitted the Fair Work Building Industry Inspectorate (FWBII) to proceed with its civil prosecution of the CFMEU in relation to the blockade…

This post was contributed by Lydia Brücklmeier, Associate, Norton Rose Fulbright LLP (München) and Miriam Schröter, Trainee, Norton Rose Fulbright LLP (Frankfurt a.M.) Auch im Zusammenhang mit Betriebsratswahlen darf ein Arbeitnehmer nicht wissentlich falsche, geschäftsschädigende Behauptungen über die betrieblichen Verhältnisse aufstellen und über digitale Medien verbreiten oder verbreiten lassen. Anders ist dies jedoch bei sachlicher Kritik. Dies betonte das Bundesarbeitsgerichts in seiner Entscheidung vom 31. Juli 2014: Die Betriebsversammlung zur Bestellung eines Wahlvorstands anlässlich…

This post was -written by Valentina Albarran, Associate, Norton Rose Fulbright (Caracas) The abrogated Organic Labor Law (“OLL”) defined Company and Business as follows: “Article 16: For the purposes of the Labor legislation, a Company is a business unit created for the production of goods or services in order to perform an economic activity and obtain a profit”. In the other hand, the New Labor Law (“NLL”) gives the following definition: “Article 45: For the…

This blog post was written by William Hlibchuk, a partner in the Montréal office. On May 2, 2014, the Federal Court of Appeal (FCA) rendered two decisions relating to discrimination based on family status. In so doing, the court clarified the scope of the prohibited ground of family status contained in the Canadian Human Rights Act, as well as the legal test for finding a prima facie case of discrimination on the same ground.…