In an earlier post, this blog considered
some of the Employment Law Considerations When Selling Your Business, including:
Not exact matches
Asked what he thinks the study means for the living wage legislation currently under
consideration at the City Council, Paul Sonn, legal co-director
of the National
Employment Law Project, still seemed optimistic.
Multiple questions one each
of the following topics and sub-topics: Business activity 1.1 The role
of business enterprise and entrepreneurship 1.2 Business planning 1.3 Business ownership 1.4 Business aims and objectives 1.5 Stakeholders in business 1.6 business growth Marketing 2.1 The role
of marketing 2.2 Market research 2.3 Market segmentation 2.4 The marketing mix People 3.1 The role
of human resources 3.2 Organisational structures and different ways
of working 3.3 Communication in business 3.4 Recruitment and selection 3.5 Motivation and retention 3.6 Training and development 3.7
Employment law Operations 4.1 Production processes 4.2 Quality
of goods and services 4.3 The sales process and customer service 4.4 Consumer
law 4.5 Business location 4.6 Working with suppliers Finance 5.1 The role
of the finance function 5.2 Sources
of finance 5.3 Revenue, costs, profit and loss 5.4 Break - even 5.5 Cash and cash flow Influences on business 6.1 Ethical and environmental
considerations 6.2 The economic climate 6.3 Globalisation
The prohibition does not apply where a federal or District
law or regulation requires the
consideration of an applicant's credit history for the purposes
of employment.
For additional information on
employment contracts, and specifically the
law of consideration, see Michael Fitzgibbon's article here
Employment -
law considerations when buying a business, are considered in the post: Continuity
of Employment Following the Sale
of a Business
Whether the courts should develop the common
law to place a duty on employees to affirmatively acknowledge an employer's right to make unilateral changes to the terms and conditions
of their
employment, even where such right is granted by contract, must be determined according to the policy
considerations that animate
employment law.
Bill C - 65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary
Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, introduced on November 7, 2017, by the Minister
of Employment, Workforce Development and Labour, Patty Hajdu, seeks to amend both the Canada Labour Code and the Parliamentary
Employment and Staff Relations Act to, according to the federal government, replace the patchwork
of laws and policies that address violence and harassment within the federal jurisdiction, putting into place one comprehensive approach that takes the full spectrum
of harassment and violence into
consideration.
Bill C - 65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary
Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, introduced on November 7, 2017, by the Minister
of Employment, Workforce Development and Labour, Patty Hajdu, seeks to amend both the Canada Labour Code and the Parliamentary
Employment and Staff Relations Act to, according to the federal government, replace the patchwork
of laws and policies that address violence and harassment within the federal jurisdiction, putting into place one comprehensive approach that takes the full spectrum
of harassment and violence into
consideration... [more]
Paid breaks are not required by the ESA, and are likely not a fundamental term
of employment in themselves, and so removing them «unilaterally and without reasonable notice or fresh
consideration, is not unlawful under the ESA, nor does it amount to constructive dismissal under the common
law,» Rose says, noting that under the ESA, an employer must still provide an unpaid period
of at least 30 minutes at intervals so that the employee doesn't work more than five consecutive hours without an eating period.
For example, if an employer were to change the existing
employment contract so as to eliminate an existing contractual or common
law right
of the employee (such as benefits, vacation time or termination notice),
consideration may not be present so as to constitute a valid contract, thus rendering the contract invalid.
The Court
of Appeal held that the lower court erred in
law in finding that there was no
consideration for the new
employment agreement.
Employers contemplating asset purchases can be assured that it's still valid
law that offering
employment to an employee
of the vendor is sufficient
consideration for the employee to agree to new
employment terms.
There has been considerably more
consideration of the issue
of employee privacy in arbitral jurisprudence: Ball, Canadian
Employment Law (Canada
Law Book; Toronto, 2011) p. 19A - 1 which is beyond the scope
of this paper.
Following his dismissal in 2015, Mr. Krishnamoorthy brought a summary judgment motion claiming that his
employment agreement was void for lack
of consideration and that he was entitled to common
law reasonable notice.
... the
law does not permit employers to present employees with changed terms
of employment, threaten to fire them if they do not agree to them, and then rely on the continued
employment relations as the
consideration for the new terms.
Specifically, the Plaintiff argued that his
employment with Carsen Group and Olympus Canada was continuous and Olympus Canada could not remove his common
law entitlement to reasonable notice
of termination without providing him with fresh
consideration.
The terms and conditions applicable to the parties in respect
of the acquisition were principally consolidated into the main Share Purchase Agreement, which necessitated a thorough review
of the provisions thereof in light
of Maltese
law considerations, such as registration formalities and requirements, procedures and statutory filings, as well as
employment related matters.
[51] The common
law entitlement to reasonable notice
of termination has been described by the Supreme Court as a «necessary
consideration»
of an
employment relationship: Machtinger, at p. 1024.
No doubt
consideration is being given to an appeal or even a change
of the
law regulating termination
of employment in the NHS.
All qualified applicants will receive
consideration for
employment regardless
of race, color, religion, creed, sex, age, national origin, protected veteran status, disability status, sexual orientation, gender identity or expression, marital status, genetic information, or any other characteristic protected by
law.
On April 25, 2012, the U.S. Equal
Employment Opportunity Commission (EEOC)-- the agency that enforces federal laws prohibiting employment discrimination — approved an updated «Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 19
Employment Opportunity Commission (EEOC)-- the agency that enforces federal
laws prohibiting
employment discrimination — approved an updated «Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 19
employment discrimination — approved an updated «Enforcement Guidance on the
Consideration of Arrest and Conviction Records in
Employment Decisions Under Title VII of the Civil Rights Act of 19
Employment Decisions Under Title VII
of the Civil Rights Act
of 1964.»
All qualified applicants will receive
consideration for
employment regardless
of any characteristic protected by
law...
This includes an extensive knowledge
of all aspects
of disability as well as an in - depth understanding
of critical
considerations such as assistive technology and
employment law.