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Insight
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December 16, 2021

24 Key Developments in Canadian Labour and Employment Law in 2021

In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.

Insight
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December 9, 2021

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

A female applicant applies for a job that was widely advertised. During her interview she insists on being paid $100,000. The employer agrees, although it employs a male doing substantially similar work for $125,000. Does this violate the EPA?

ASAP
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December 6, 2021

President Biden Resurrects Obama-Era Executive Order on Non-Displacement of Qualified Workers Under Service Contracts

On November 18, 2021, the Biden administration resurrected an executive order first issued by President Obama that the Trump administration had subsequently rescinded.

Littler Report
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November 29, 2021

New Federal Labour Law Issued in the UAE

In mid-November, the UAE Cabinet approved a new Labour Law, Federal Law Number 33 of 2021 (the New Labour Law) which will come into force on 2 February 2022 and repeals Law Number 8 of 1980 (the Old Law), replacing it entirely.

Insight
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November 19, 2021

Ontario, Canada Court of Appeal Decides Employer Was Justified in Terminating Employee for Cause for Sexual Harassment

The Court of Appeal of Ontario recently overturned the lower court decision when it concluded that an employee did in fact sexually harass his co-worker and his for-cause dismissal was justified.

ASAP
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November 10, 2021

The Netherlands: Court Disallows Terminating Sick Employee’s Employment After UWV Procedure

A Dutch court dismissed an employer’s petition to dissolve an employment contract because the employee reported he was sick, as contract dissolution during illness is prohibited, even though the report was made after the employer first moved for dismissal

ASAP
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November 10, 2021

New York Dramatically Expands Whistleblower Rights

New amendments expand New York’s current whistleblower law in at least three key ways.

ASAP
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October 29, 2021

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their workforces.

ASAP
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October 22, 2021

Clawback clauses in the Netherlands can be a risky business

"Clawback clauses" state that employees must refund all or part of their variable bonus if it is determined that the bonus should not have been paid out in the first place. Contractual clawbacks had a part to play in three recent court rulings.

ASAP
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October 22, 2021

Canada: Updated Guidance on How Employers Should Fill Out Records of Employment During COVID-19 Pandemic

On October 15, 2021, Employment and Social Development Canada updated its website with information for employers, to provide updated guidance regarding how employers should fill out Records of Employment.

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