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individual dismissal
Newsletter March, 2024

Canada: decision on poof of evidence in case of dismissal

March, 2024
  • On 23 January 2024, the Court of King's Bench of Manitoba decided on a wrongful dismissal case.
  • The decision is based on the employer's need for more rigorous proof of the facts underlying the dismissal. 
Newsletter January, 2024

Uganda: Court of Appeal confirms employers can terminate an employee’s contract without cause

January, 2024
  • On 15 November 2023, the Court of Appeal of Uganda reaffirmed the employer's right to terminate the employment relationship by providing notice or payment in lieu of notice.
  • It stated that where the notice period is observed, or compensation is paid in lieu thereof, employers are not obliged to give reasons for dismissal under Section 65(1)(a) of the Employment Act.
  • It is based on the assumption that termination of employment is distinct from dismissal for misconduct or poor performance, which requires procedures and reasons.
Newsletter November, 2023

Germany: Decision on dismissal for offensive comments about colleagues in a private chat

November, 2023
  • On 24 August 2023, the Federal Labour Court declared the legitimacy of a dismissal without notice of an employee who sent insulting, racist, sexist, and violent comments about managers and colleagues in a private chat group with other colleagues.
Newsletter May, 2023

Ireland: the dismissal for failing to pay for products from the employer's store is fair

May, 2023
  • On 17 March 2023, the Irish Labour Court overturned a €7,500 award to a former Aldi employee dismissed for gross misconduct, as he had taken products without paying for them from the employer's store on seven different dates from 25 November 2020 to 14 January 2021.
Newsletter March, 2023

Nigeria: a decision on discrimination in the workplace

March, 2023
  • On 11 January 2023, the National Industrial Court of Nigeria ("NICN") repealed a discriminatory law, thus demonstrating the attention and commitment to achieving gender equity.
  • In the case Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021), the Court stated the unlawfulness of a dismissal of an unmarried pregnant woman because it was based on a law that the Court annulled as discriminatory. 
Newsletter February, 2023

Denmark: decisions on the employer's duty to take measures to adapt work to employees with disabilities

February, 2023
  • On 25 January 2023, the Dismissal Board declared the legitimacy of dismissing a disabled employee with 45 years of seniority because the employee could no longer perform his job due to his disability. 
Newsletter January, 2023

European Court of human rights: Decision on the use of data collected by the GPS system installed in a vehicle used for work purposes

January, 2023
  • In Gramaxo v. Portugal judgment (no. 26968/1616), on 15 December 2022, the European Court of Human Rights established that it is legitimate the dismissal decided by the employer based on data collected by a GPS system installed on a vehicle used for work, to track the kilometres travelled. 
  • It is the first time the Court ruled on a case of surveillance at work through a geolocation system, setting out the criteria to ensure the correct balance between the rights of the employee and the employer and the possibility of using the data collected in the process.

France: Published the new law on the functioning of the labour market

January, 2023

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