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Fasken | Canada | 13 Mar 2019

Genetic characteristics: developing form of discrimination

Employers should be mindful of a newly recognised form of discrimination that has captured the attention of legislators and the Canadian public: genetic discrimination. A bill is before the Ontario legislature that would prohibit employers from discriminating against employees based on their genetic characteristics. The courts have also started to weigh in on the issue in the context of the......
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George Z Georgiou & Associates LLC | Cyprus | 6 Mar 2019

Supreme Court declares legislation extending paternity leave and benefits to unmarried fathers unconstitutional

In late 2018 the House of Representatives introduced amendments which granted paternity leave and benefits to unmarried working fathers. However, the government referred the amending laws to the Supreme Court, claiming that they would add unbudgeted costs to its budget and therefore violate the Constitution. The Supreme Court recently accepted the government's position and declared the......
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Wistrand | Sweden | 13 Feb 2019

Labour Court clarifies freedoms of religion and conscience in healthcare sector

Sweden is one of the most secular countries in the world with full freedom of religion. Further, freedom of conscience is a right protected by the European Convention on Human Rights. However, domestic law recognises no right to conscientious objection. A recent Labour Court decision has clarified from an employment law perspective whether freedom of conscience gives healthcare professionals......
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Hogan Lovells | Mexico | 14 Jan 2019

CRE endorses retailers' use of benefit and loyalty programmes

The Energy Regulatory Commission recently confirmed that certain business models used by retailers of refined products (eg, diesel and gasoline) are valid and stimulate competition in the market to the benefit of customers. As such, retailers can develop loyalty programmes based on bonuses, credits, subscriptions, memberships or exclusive offers, among other things, to be offered by various......
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Fasken | Canada | 7 Nov 2018

Terminating employee benefits at age 65 ruled unconstitutional

For many years, even since the prohibition of mandatory retirement in Ontario, it has been permissible to deny benefit, pension, superannuation or group insurance plans or funds to employees over the age of 65 due to an exception in the Ontario Human Rights Code. However, a recent decision from the Human Rights Tribunal of Ontario found this exception to be unconstitutional.
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Vellani & Vellani | Pakistan | 1 Nov 2018

Competition Commission issues show cause notice for abuse of dominant position

The Competition Commission recently conducted an inquiry into alleged discriminatory practices that the Defence Officers Housing Authority Islamabad-Rawalpindi (DHA) had undertaken against Nayatel (Private) Limited in respect of the provision of cable internet and telephony services. The inquiry committee found that the DHA held a dominant position in the relevant market and had abused this......
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Fasken | Canada | 24 Oct 2018

Not all questions are good questions: avoiding discriminatory interview practices

Much ink has been spilled over a recent decision by the Public Service Commission of Canada on the topic of discriminatory interview practices, in which the commission found that the plaintiff had been discriminated against when she was denied a role due to her pregnancy. The decision serves as a cautionary tale for employers not only with regard to the types of question that may be asked......
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Mason Hayes & Curran LLP | Ireland | 17 Oct 2018

Unsteady grounds – Labour Court doubles award in disability discrimination case

Employers cannot be expected to hold positions open indefinitely for employees who are absent on extended sick leave. However, as confirmed in a recent Labour Court determination, where an employer proposes to dismiss an employee on the grounds of incapacity or a disability, it is essential that the decision is made based on up-to-date medical advice. Otherwise, the employer may be exposed to......
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Cocalis & Partners | Greece | 27 Sep 2018

Challenging arbitral awards

The advantages of arbitral proceedings, including speed, may be compromised when an arbitral award is challenged. The recent changes to the Civil Procedure Code aimed at accelerating judicial proceedings have not yet shown considerable progress. In any case, the Greek courts are reluctant to set aside arbitral awards or refuse their enforcement, thus indicating that recourse to arbitration......
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CMS Albiñana & Suárez de Lezo | Spain | 26 Sep 2018

Supreme Court moves towards recognising employees' rights to reduce working hours for childcare purposes

The employment courts recently expanded the scope of the rights and privileges granted to employees who exercise their right to request a reduction of their working hours, including to take care of a child under 12 years old. A recent Supreme Court decision represents another step forward in recognising these rights when employees are dismissed and the dismissal is declared null and void by......
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