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CMS Albiñana & Suárez de Lezo | Spain | 1 Jun 2022
Dismissal of a household employee is declared null and void as she was pregnant
In a recent judgment, the Supreme Court had to determine whether the dismissal of a household employee should be considered null and void as her employer had been unaware that she was pregnant at the time. In its judgment, the Supreme Court considered the Royal Decree on Household Employees, which set out the guarantee of gender equality in employment and introduced the invalidity of......
Norrbom Vinding | Denmark | 1 Jun 2022
Employee dismissed without notice over LinkedIn post
The duty of loyalty in employment relationships means, among other things, that employees are not allowed to act in a way that may be detrimental to their employers' profits or reputation. In a recent case, an industrial arbitration tribunal had to decide whether a LinkedIn post was justifiable grounds for the summary dismissal of an employee. The tribunal's decision shows that employee......
CMS Albiñana & Suárez de Lezo | Spain | 25 May 2022
Not being logged on when working from home is comparable to unjustified work absence
In a 2021 judgment, the High Court of Justice of Madrid had to determine whether the failure to log on when working from home was comparable to an unjustified work absence and, therefore, grounds for dismissal. The employee claimed that numerous documents and phone records proved that she had carried out work-related tasks on the dates she had been accused of not logging on. However, the......
CMS Albiñana & Suárez de Lezo | Spain | 18 May 2022
Dismissal of employee suffering from cancer declared null and void
In a recent judgment, the High Court of Justice of the Valencian Community nullified the dismissal of an employee who was suffering from cancer. In its decision, the Court considered whether the direct cause of the dismissal had been the employee's condition as a cancer patient and whether cancer is comparable to a disability.
Barry Fisher | Canada | 11 May 2022
Being a Busy President is Not Grounds to Avoid Being Examined for Discovery:
In Nezhat-Mahal v. Cosmetica Laboratories Inc., 2022 ONSC 2458 Justice Vermette ruled that the Plaintiff's choice to examine the President in a…
Rubin Thomlinson LLP | Canada | 26 Apr 2022
Rumour. Gossip. Hearsay.
Sometimes, allegations of workplace misconduct will be clearly articulated and will be backed up by first-hand evidence of inappropriate behaviour or…
Lexology PRO | Argentina, Asia-Pacific, Australia, etc. | 4 Apr 2022
Global employment forecast Q2 2022
A look at what is on the horizon for employers in Q2 2022 including key compliance deadlines and upcoming legislative changes.
Bird & Bird LLP | Denmark, Norway, United Kingdom | 9 Sep 2021
Important ruling on the “nuclear bomb” of IT contracts (based on previous Danish feature)
In 2018, the Norwegian agricultural organisation Felleskjøpet AGRI was awarded NOK 288 million in damages against the IT supplier Infor (Steinhausen)…
Lexology PRO | Asia-Pacific, Australia, Belgium, etc. | 17 Aug 2021
Employment: key updates and developments (10 - 16 Aug)
New guidance on mitigating COVID-19 in US workplaces, the financial cost of workplace sexual harassment, and the UK considers a permanent furlough, plus other key employment updates.
Tay & Partners | Malaysia | 29 Jan 2021
Amendments to Malaysia’s Industrial Relations Act 1967 - Are we going backwards?
The Malaysian Prime Minister has reinstated the Movement Control Order (MCO) in five states and Federal Territories with effect from 13.1.2021. While…
