Belgium: New Collective Bargaining Agreement Regarding Outplacement In Joint Committee 218

On 10 July 2014, the Additional Joint Committee for Employees (Aanvullend Paritair Comité voor Bedienden/Commission Paritaire Nationale Auxiliaire pour Employés) (also referred to as the Joint Committee 218) adopted a Collective Bargaining Agreement concerning the right to outplacement for some employees (CAO betreffende het recht op outplacement voor sommige bedienden/CCT relative au droit au reclassement professionnel pour certains employés) (the “CBA”).

The right to outplacement for dismissed employees had been broadened by the Law of […]

By | October 14th, 2014 ||

Canada: Quick Fixes: How To Avoid Prosecution Under The Employment Standards Act, 2000

Most of the time it only takes a couple of tweaks to ensure your company avoids getting fined for violating the Employment Standards Act, 2000 (“ESA”).

What gets employers in trouble most often? According to the Ministry of Labour (“MOL”), most complaints and violations of the ESA relate to overtime pay, vacation time/vacation pay, deductions from wages, and payments due on termination. Between 2007-2013, the MOL investigated over 100,000 complaints and launched over 11,000 targeted […]

By | October 14th, 2014 ||

Australia: Can the springboard principle be applied to restrain a former employee?

IN BRIEF
Employers have struggled in the past to find ways of restraining a former employee from setting up in competition and from soliciting their clients and their goodwill in the absence of a dedicated restraint of trade covenant contained in the employee’s contract of employment.

However, a recent decision of the Federal Court of Australia in APT Technology Pty Ltd v Aladesaye [2014] FCA 966 (5 September 2014), seems to have come to the aid […]

By | October 14th, 2014 ||