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CMS Albiñana & Suárez de Lezo | Spain | 28 Sep 2022

Court confirms dismissal of lorry driver who used company card to buy diesel for personal use

In a recent judgment, the High Court of Justice of Castilla-La Mancha confirmed the dismissal of a lorry driver who had used his company card to pay for diesel for his personal use. The Court considered the disciplinary dismissal to be proportionate, as there was no evidence to suggest that his actions deserved a less severe punishment. The Court, therefore, justified the dismissal and......
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Homble Olsby | Littler | Norway | 28 Sep 2022

Grounds for termination – what is decisive?

When an employee is dismissed, it is not uncommon for the case to end up in the courts. The decisive factor for who wins the case then is the court's assessment of the grounds for dismissal. In the past year, the Supreme Court has handed down several judgments that clarify the requirements for the grounds for dismissal. This article outlines these decisions and what they mean for determining......
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Lewis Silkin LLP | United Kingdom | 14 Sep 2022

Reducing business costs – alternatives to redundancy

When businesses run into financial difficulties and need to reduce costs, the knee-jerk reaction is often to consider the scope for job cuts. But redundancies are not a cheap option and may result in further costs. Employers should therefore think creatively and look at other alternatives that may better suit the needs of their business. This article summarises some of the options and......
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JunHe LLP | China | 31 Aug 2022

Updated guidance for employers: lockdown and reopening in Shanghai

This articles answers five key questions regarding employment management under China's dynamic zero-covid-19 policy. For example, if employees are unable or unwilling to work from home during a lockdown, their employer can arrange for (some of) these employees to use their remaining annual leave and compensatory time off (ie, leave earned by working overtime). This arrangement may require the......
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Bowmans | South Africa | 24 Aug 2022

Smoke at your own risk – Labour Court confirms fair dismissal of employee for consuming cannabis at home

The Labour Court recently found that an employee's dismissal from Barloworld for the repeated use of cannabis in her own home did not constitute unfair discrimination or an automatically unfair dismissal. This decision illustrates, among other things, the importance of referring unfair dismissal disputes to the correct forum. Setting rules and implementing policies in the workplace remains......
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CMS Albiñana & Suárez de Lezo | Spain | 24 Aug 2022

Supreme Court upholds claim of unlawful dismissal in relation to employee of multiple companies

In a recent judgment, the Supreme Court had to decide whether the dismissal of an employee who worked for multiple companies within a group was valid, as she had been dismissed by only one of the companies. The company cited economic and organisational reasons in its dismissal letter to the employee. The Court ruled that the dismissal letter had to refer to the economic situation of the......
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CMS Albiñana & Suárez de Lezo | Spain | 10 Aug 2022

Supreme Court clarifies that wrongful dismissal claims do not expire if conciliation form is submitted late

The Supreme Court has issued a ruling on the requirement to file a claim for wrongful dismissal within the statutory deadline of 20 business days following the end of employment and whether a conciliation form can be submitted after this deadline. In its ruling, the Court recalled its case law on the calculation of deadlines for wrongful dismissal claims and updated it with the current legal......
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Lewis Silkin LLP | United Kingdom | 20 Jul 2022

Court of Appeal overturns injunction restraining employer's "fire and rehire" exercise

The Court of Appeal has overturned an injunction preventing Tesco from "firing and rehiring" employees in order to remove their contractual entitlement to enhanced pay. Despite the facts of this case being unusual and extreme, the High Court had been wrong to conclude that Tesco could not adopt its proposed course of action. "Firing and rehiring" refers to the practice of making changes to......
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Lexology PRO | Canada, European Union, Global, etc. | 18 Jul 2022

Employment: key updates and developments (12 – 18 Jul)

UK courts decide to protect gender critical beliefs in the workplace, the US EEOC relaxes workplace COVID-19 guidance, and Italy is set to overhaul labour law– plus other key updates.
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Nagashima Ohno & Tsunematsu | Japan | 13 Jul 2022

Labour compliance considerations regarding human capital management practices

Against the background of the Kishida Cabinet's "new form of capitalism", the recently released Ito Review 2.0 on Human Capital is expected to spur the expansion of human capital management. Implementing human capital management requires the consideration of various perspectives, including the legal perspective. This article provides an overview of capital markets and labour compliance......
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