August 2014

Notwithstanding the growing global trend in the adoption of express whistleblowing laws (e.g. the US, the UK and Japan), the Hong Kong government has not yet shown any sign of following suit.  So, what protection do employees have if they “blow their whistles” on wrongdoers in their workplace?

 Whistleblowing protection under statue/common law

There is

This article was written by Zaida Kathrada, an associate at Norton Rose Fulbright South Africa

As a general rule, the hiring of expatriates for petroleum and mining operations may follow one of the following regimes:

Communication (or Quota) regime

With reference to the total number of employees hired for fixed term or an indeterminate period

The legal background

Under French employment law, employees’ representatives benefit from specific protection against dismissal. As a result, an employer contemplating the termination of the employment contract of such a protected employee must first obtain the prior authorization of the labor inspectorate. However, the employer is entitled to suspend the employee’s employment contract temporarily pending

The controversial Labour Relations Amendment Act was assented to by the President on 17 August 2014.

With the exception of section 198(4F), the amendments will come into effect on a date to be fixed by proclamation.

The Amendment Act places significant restrictions on the use of fixed term contracts and labour brokers, provides for additional

The German Federal Labour Court recently ruled that the statutory holiday entitlement remains unaffected by an unpaid special leave. This might sound weird but indeed this means that going forward companies have to grant holidays/vacation even for sabbaticals.

In the case the parties had agreed upon an unpaid special leave from January through September 2011.

This article was written by Michelle Naidoo, a director at Norton Rose Fulbright South Africa Michelle Naidoo

New employment equity regulations came into force on 1 August 2014.  The significant developments are:

  • The Minister of Labour has attached templates to the regulations which designated employers may use when drafting their employment equity plans and when

Section 18 of the Employment Standards Act, 2000 (“ESA”) provides that employees must be given at least 11 consecutive hours of rest between shifts. Three recent decisions outline different scenarios that may exempt employers from this requirement:

  1. (1) where the employer qualifies for an exemption laid out in s. 19 of the ESA;

In Kosovic v Niagara Caregivers and Personnel Ltd (“Kosovic”), the Ontario Human Rights Tribunal held that a recruitment agency’s job application form that asked for the applicant’s date of birth contravened the Ontario Human Rights Code. The Tribunal awarded the applicant $500 in damages to compensate him for injury to his dignity, self-respect