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Court Decisions
Newsletter September, 2020

India: Supreme Court decision on the payment of wage during the lockdown

September, 2020
  • A Supreme Court decision pushes employers and trade unions to negotiate on the payment of wages during the lockdown 
Newsletter August, 2020

EU Court decision on data protection “Schrems II”

August, 2020
  • In July 2020, a significant decision on data transfer concerning the General Data Protection Regulation (GDPR) was made by the Court of Justice of the European Union
  • This decision could potentially block the transfer of data between a country of the European Union and a third country, including the US

Brazilian Supreme Federal Court issued a preliminary decision questioning the nature of Covid-19 as an occupational disease

August, 2020
  • The Federal Supreme Court did not bring clarity on this issue and in any case its decision was preliminary
  • The previous legislation on the recognition of occupational diseases remain

Germany: Labour Court decision on video surveillance for distance monitoring during Covid-19

August, 2020
  • On 24 April 2020, the Labour Court of Wesel, a city of the North Rhine-Westphalia, issued a decision on the use of specific devices to permanently monitor the behaviour of employees to prevent the spread of Covid-19.
Newsletter July, 2020

Canada: important Ontario Court of Appeal Decision on termination of employment

July, 2020
  • Termination of employment clauses in Ontario must be read as a whole and be overall in line with employment regulation, even if they are contained in separate provisions.  
Newsletter July, 2020

European Court of Justice Order on the application of the Working Time Directive to self-employed workers

July, 2020
  • The European Court of Justice issued an Order confirming its jurisprudence on the exclusion of genuine self-employed from the application of certain European regulations
Newsletter May, 2020

South African Labour Court Decision on OSH Binding Measures for the Mining Sector

May, 2020
  • A Court Order issued on the 1st May requires employers in the mining sector to prepare and implement a code of practice to ensure the protection of mineworkers