In a novel decision, the Fair Work Commission (the FWC) has held that it has jurisdiction to hear an unfair dismissal application under the Fair Work Act 2009 (FW Act) that was made after the employer has given notice of termination, but before the employment relationship ended.
2013
“You’re fired”…kind of
By guestauthor on
This post was contributed by Kris Israel, Associate, Norton Rose Fulbright Canada LLP (Calgary)
When severing the employment relationship without just cause, an employer is faced with a choice. Should the employee be terminated effective immediately with pay in lieu of notice or, alternatively, would it be beneficial to instead provide working notice? The…
Wage Protection System – Saudi Arabia
By Helen Perrin on
The Wage Protection System (WPS) in Saudi Arabia became mandatory for all Saudi companies with over 3,000 employees on 1 September 2013 (Ministry starts the mandatory application of “Wage Protection Program” by the end of Shawwal). The objective of the WPS is to minimise any delay and issues in the…
Go abroad?
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The German Federal Labour Court recently decided that dismissals for redundancy reasons can be made even if free positions are available at another business unit abroad.
In the case at hand, an employer decided to move its production from Germany to the Czech Republic. Only the administration department remained in Germany. Thus, the employer dismissed …
The Labour Court narrows test on review further
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Disputes relating to the existence of a dismissal are no longer considered to be jurisdictional disputes. As a result, the review of such rulings will be limited to those that are rulings that no reasonable commissioner could make.
When a jurisdictional ruling is taken on review, the approach adopted by the Labour Court to date…
Limits on legal representation at the CCMA valid
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The rules of the CCMA that limit legal representation in disputes relating to dismissals for misconduct or incapacity (which form the vast majority of disputes referred to the CCMA) are valid and not unconstitutional.
The High Court caused considerable controversy late last year when it held that the rules of the CCMA that limit legal…
Working Hours and Annual Leave in China
By Grace Ye on
Working Hours
PRC law recognises three categories of working hour systems: (i) the Standard Working Hour System; (ii) the Flexible Working Hour System; and (iii) the Comprehensive Working Hour System. Each system varies in its applicability to employment positions and industries within the PRC.
The Standard Working Hour System provides that an employee may work…
Un syndicat peut-il déposer un grief contre le maire d’une ville pour contester ses déclarations à l’endroit des employés syndiqués?
By guestauthor on
Cet article a été rédigé par Me Marie-Andrée Larouche, avocate Norton Rose Fulbright Canada (Montréal)
Dans une affaire récente impliquant la Ville de Québec et le Syndicat des fonctionnaires municipaux de Québec, la Ville de Québec conteste la compétence de l’arbitre, Me Gilles Desnoyers, de se saisir du grief syndical déposé suite aux déclarations…
The review test reviewed (yet again)
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In Herholdt v Nedbank Ltd the Supreme Court of Appeal again dealt with the test on review. This follows on the Constitutional Court’s decision in Sidumo that an award may only be reviewed and set aside if it is one that a reasonable decision-maker could not reach, which is known as a results driven approach.…
Employee share options and incentive schemes in the UAE: the law explained
By Helen Perrin on
Business owners with operations in the UAE often consider the possibility of expanding international employee incentive schemes (Incentive Schemes) to its UAE resident employees. Typically the biggest concern the employer has is whether local legislation and regulations will permit the offering and ultimate participation in an Incentive Scheme (regardless of how it is…