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Un employeur peut-il exiger de ses employés
qu ils se fassent vacciner contre la COVID-19 comme condition
de maintien de leur emploi? Voilà la dernière
question d une série d importantes questions
juridiques liées à la pandémie de COVID-19.
Même si la question de la vaccination obligatoire suscite
déjà l intérêt des médias, elle
n a pas encore été tranchée de
façon concluante en contexte judiciaire au
Canada.
Une traduction de ce billet sera disponible
prochainement.
Whether an employer can require its employees to be
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The NSW District Court has recently fined $900,000 to Ganellan, a Sydney based builder, in relation to a scaffolding collapse at a construction site which caused the tragic death of Christopher Cassaniti and seriously injured Kahled Wehbe.
The resurfacing of this matter after almost 2 years has sparked debate as to whether industrial manslaughter legislation should be introduced in NSW and concerns raises issues in relation to building & construction, work health & safety and criminal law.
Current Landscape
Ganellan was the principal contractor at the Macquarie Park site and had engaged Synergy Scaffolding Service Pty Limited to design, erect, maintain and dismantle scaffolding at the site. The scaffolding in place at the time had been gradually dismantled over a period of time and it had mostly been removed at the time of the accident. Notwithstanding the scaffolding was
On January 14, 2021, the NLRB issued a decision in
Asociacion de Empleados del Estado Libre Asociado de Puerto
Rico, 370 NLRB No. 71. The decision involved the issue of
whether a term of employment contained in a collective bargaining
agreement continues after the expiration of the contract. This
issue has been vexing for employers and unions for years.
The case centered around a Puerto Rico Law, Law No. 148, that
requires certain employers to pay their employees Christmas bonuses
of up to $600 annually between November 15 and December 15. The law
does not apply, however, in cases where the . employees
receive an annual bonus by collective agreement.