Lawyers International Network for Employees and Executives (LINEE)

Wrongful Dismissal

What Evidence Will French Labor Courts Accept as Proof in Employment Disputes?

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When lawsuits over employment disputes go to trial in France’s Labor Court trials, the parties usually submit proof to prosecute or defend the allegations. But by what standard do the Labor Courts determine the admissibility of the evidence presented?

Under French law, the principle is that all evidence in civil trials is acceptable. However, that assumes that the evidence is lawful, meaning it must have been obtained and used fairly at all stages. If a party cannot demonstrate to the Court that it collected and used the evidence lawfully, the evidence will be ruled inadmissible from the proceedings.

Evidence obtained clandestinely or by invading an employee’s privacy often come under scrutiny. Read more.

The Prohibition of Employment Dismissals in Italy Following the August Decree

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The severe economic crisis caused by the coronavirus emergency has placed national governments at a crossroad, forcing them to determine whether it is more appropriate to protect the needs of entrepreneurs or workers. The first choice would allow employers to exercise provisions in Italy regarding an employee’s dismissal if a company is in economic difficulty. In the second scenario, the government could defend employees by adopting measures to stem what, in times of economic hardship, can be considered a natural increase in the unemployment rate.

Faced with this issue, the major industrialized countries have not moved in a single direction. Within Europe, it is possible to distinguish between countries such as Germany and the United Kingdom that have decided not to impose any prohibition on dismissal, and nations with a more “socialist” tradition such as France and Spain that have instead placed limitations on firing employees (without, however, providing any ban on redundancies in the strict sense).

Considered in this framework, Italy appears isolated. Since the beginning of the pandemic, the Italian government has chosen to proceed with freezing layoffs for economic reasons until 17 August 2020, with the enactment of the “Cura Italia Decree.” Read more.

Employee Whistleblower Protection in Germany

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Whistleblowers in German workplaces run the risk that their efforts to comply with reporting laws will be “rewarded” with immediate dismissal. To date, no law comprehensively protects whistleblowers, so courts decide retaliation claims on a case-by-case basis. Nevertheless, some principles of what workers should do and what they should not do can be deduced from such cases.

COVID-19 Has Spotlighted Whistleblower Retaliation Situations

During the pandemic, there have been more cases where companies and employees have not respected strict safety rules and necessary hygiene guidelines. In one situation involving a German slaughterhouse, an employee recorded a video about the unsustainable conditions in the company canteen that endangered workers and exposed them to the coronavirus. After sharing the video online, the company dismissed the employee without notice.

From a public policy perspective, whistleblowers play an important role. Like the state, the public has a legitimate interest in knowing about unlawful practices and seeing that the illegal or unethical behaviour is remedied. At the same time, employers expect loyalty from their employees, hopefully encouraging them to raise issues internally and not expose the company to premature or unwarranted and considerable negative economic consequences. Read more.

10 Points on Terminations of Employment in Canada

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In Canada, the terms of employment are governed by contract law. If there is no written contract of employment, then contractual terms may be implied from the common law. One of the key clauses, or non-clauses, is the employee’s entitlements upon termination of their employment.

If the dismissed employee is not provided with their entitlements upon dismissal, it’s referred to as a “wrongful dismissal”.  If they are provided with those entitlements, then their dismissal isn’t “wrongful”.

This blog post sets out 10 points about dismissal law in Canada. Note that the situation for unionized employees is unique and is not covered by this blog post, which focuses on non-unionized employees in Ontario, Canada’s largest province. Read more.

Freedom of Dismissals Under Italian Statutory Law

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Due to their role as alter ego of the employer, in Italy, executives are subject to different and less protective statutory rules compared to regular employees. This difference is quite evident in the legislation about dismissals.

In fact, while Italian statutory law generally provides that in order to dismiss an employee the employers must prove that they have fair reason to dismiss them, – when it comes to executives the employer is not obliged to provide proof of just cause. This means that, as a rule, executives can be dismissed freely (otherwise referred to as an ad nutum dismissal).

Moreover, if the dismissal is based on a very serious reason which is able to break the “bond of trust” between the employer and the executive (in Italian this concept is referred to as ‘giusta causa’ or ‘just cause’) then the employer is exempt from giving the executive a period of notice and is also exempt with paying the executive a sum in lieu of notice. Read more.

Need to Know: Executive Dismissals in Italy

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When does Italian law govern an employment relationship? When will the Italian courts have the power to hear your employment claim?

The first issue is to consider what the applicable law of your contract is. This is often set out in your employment contract.

Generally, the parties to a contract have the freedom to choose the applicable law, but in reality, it will be the employer that often chooses. That choice will often be the country’s laws that are most favourable and convenient to the employer. Read more.

International Executive & Employee Dismissals in Italy

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International executives and employees who work in, or have connections with, a number of different countries may have difficulties understanding which nations’ laws and courts will offer them the correct protection in case there is an employment dispute.

In some instances, international executives and employees may even have parallel legal protection in a number of different legal jurisdictions simultaneously.

If you travel frequently for your work or are regularly engaged in overseas business – your employment relationship may not be limited to your country of residence. Instead, it may also be tied to the countries where you conduct business as well as to the nation where your employer is headquartered. Read more.