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Insight
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November 18, 2020

British Columbia, Canada: Court of Appeal Sets Aside Aggravated Damages Award in Wrongful Dismissal

The British Columbia Court of Appeal recently overturned a decision to award aggravated damages to an individual whose job was terminated before his employment began because the manner of dismissal did not cause the requisite “mental distress.”

Insight
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November 17, 2020

Saskatchewan, Canada: Court Considers Effect of Re-hired Employee’s Voluntary Interruption in Employment on Calculation of Reasonable Notice

In a recent decision, the Queen’s Bench for Saskatchewan considered whether an employee’s notice period should be calculated solely on her most recent years of service, or on the totality of her years of service.

Insight
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November 13, 2020

Colorado Issues Final Rules on Equal Pay for Equal Work Act with Significant Job Posting Requirements for All Employers with Colorado Workers

On November 10, 2020, the Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency (EPT) Rules implementing Colorado’s Equal Pay for Equal Work Act, which goes into effect January 1, 2021.

Insight
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November 6, 2020

Ontario, Canada: Court Reminds Employers Termination Provisions that Could Possibly Violate ESA in the Future Are Unenforceable

Ontario’s Superior Court recently held that a termination provision in an employment contract that has even a remote possibility of violating the Employment Standards Act, 2000 (ESA) in the future is unenforceable.

ASAP
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November 3, 2020

The Netherlands: Compensation due only in absence of contract extension notification

On October 19, 2020, the Arnhem-Leeuwarden Court of Appeal ruled on whether an employer had met its duty of notification and whether it owed compensation in lieu of notifying the employee about his contract extension.

ASAP
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October 30, 2020

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

Ontario’s Superior Court recently confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment without cause prior to the start date.

ASAP
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October 26, 2020

The Netherlands: Can an employee hide and then seek a notice payment?

The Central Netherlands District Court recently held that failure to turn up at work and to contact an employer about the absence justifies summary dismissal.

Insight
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October 23, 2020

Ontario, Canada Court Holds Employee’s Title Alone Insufficient to Characterize Job Position in Assessment of Reasonable Notice

In a recent decision, the Ontario Superior Court focused on an employee’s responsibilities rather than his title alone in characterizing his position for purposes of assessing the common law reasonable notice to which he was entitled.

ASAP
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October 14, 2020

New Separation Notice Requirement for Wisconsin Employers

Beginning November 2, 2020, Wisconsin employers will be required to notify workers at separation about the availability of unemployment insurance (UI) benefits pursuant to an emergency rule recently issued by the Department of Workforce Development.

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October 8, 2020

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

A new California Fair Chance Act FAQ document, among other things, is bringing renewed and substantial attention to how employers use criminal records in hiring and personnel decisions.

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