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No Fooling: New FEHA Regulations Go Into Effect April 1, 2016

No Fooling: New FEHA Regulations Go Into Effect April 1, 2016

Significant amendments to the Fair Employment and Housing Act (FEHA) regulations take effect on April 1, 2016. The amendments mandate detailed written policies against harassment, discrimination, and retaliation, update sexual harassment training requirements, and provide new definitions for certain protected characteristics. Mandatory Written Policy Against Harassment, Discrimination, and Retaliation Under ... Read More »

Employees’ behaviour in the work place

Employees’ behaviour in the work place

Certain ambiguous behaviour such as over-familiarization between employees may result in serious problems for both the employees and employers. This was stated by Magistrate Hon. Dr. Joseph Mifsud on the 11th January 2016 in a criminal case decision (Police vs Owen Calleja) wherein an employee was accused of sexual assault ... Read More »

Company practice

Company practice

No entitlement to paid smoking breaks based on company practice (Higher Labor Court Nuremberg, decision of August 05, 2015 – 2 Sa 132/15) In many firms employers allow for working time to be broken up without requiring employees to work extra hours or reducing the claim to remuneration accordingly. No ... Read More »

Termination Without Notice

Termination Without Notice

Secret conversation recording as retrospective grounds for termination without notice (Higher Labor Court Hamburg, decision dated July 22, 2015 – 6 Sa 77/14) If at the point of receiving notification of extraordinary termination there are other objective reasons for termination, which do not come to the attention of the employer ... Read More »

Dismissal for operational reasons

Dismissal for operational reasons

Obligation to offer continued employment to part-time staff on fixed-term full-time jobs (Federal Labor Court, decision dated March 26, 2015 – 2 AZR 417/14) The plaintiff had been in the employment of the defendant since 2008, most recently as Head of “Public and Media Relations”, on a 75 % working time ... Read More »

Office staff for the Works Council

Office staff for the Works Council

No typist without necessity (Higher Labor Court of Berlin-Brandenburg, decision dated August 14, 2015 – 3 TaBV 417/15) Under Section 40 (2) of the Works Council Constitution Act (BetrVG) the works council is entitled to receive from the employer office staff for meetings, consultation hours and day-to-day managements – but ... Read More »

New case law trend: the director of the company shall be liable for the damage suffered by the employee in the event when the company went bankrupt

New case law trend: the director of the company shall be liable for the damage suffered by the employee in the event when the company went bankrupt

The Supreme Court of the Republic of Lithuania developed interpretation of provisions of the Tort law providing more guarantees to the employee injured at work in case when company (the employer) went bankrupt and extended regulations of company director liability. The Supreme Court found that in case of indirect liability ... Read More »

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