Dutch Financial Undertakings (Remuneration Policy) Act
A bill in respect of remuneration in the Dutch financial sector is currently being debated in the senate: the Dutch Financial Undertakings (Remuneration Policy) Act (Wet beloningsbeleid financiële ondernemingen; the Act).
The proposed rules apply to all financial undertakings that are regulated by the Dutch Financial
The tsunami of stop bullying applications expected to be lodged with by the Fair Work Commission (FWC) after 1 January 2014, was instead a trickle of only 343 application in the first six months of the jurisdiction, according to the FWC’s Annual Report for 2013-2014.
In the six month period ending 30 June 2014, the FWC received more than 100,000 website inquiries and more than 3,500 telephone inquiries relating to the new workplace bullying jurisdiction. The 103,500 plus inquiries did not however, translate to a high number of applications. Instead, only 343 stop bullying applications were received. Out of those 343 applications 270 anti-bullying conferences/hearings were held and 197 applications were finalised. Of those 197 applications:
The numbers stand in stark contrast to the unfair dismissal jurisdiction which received 14,797 applications in the same period.
Despite the fact the anti-bullying jurisdiction has received few claims to date, the number of claims being made is increasing and employers should remain vigilant. Workplace bullying is a serious work health and safety issue and can result in adverse consequences for both employers and employees.
On December 3, 2014, the US Supreme Court heard oral arguments in Young v. UPS, which, as previously discussed on this blog, may clarify an employer’s obligation under the Pregnancy Discrimination Act (“PDA”) to provide an accommodation to pregnant workers. Supreme Court commentators, however, are deeming the case too close to call.
At
Good news for all employers: The German Federal Labour Court has recently reversed the disastrous judgment of the Regional Labour Court of Berlin-Brandenburg concerning the allocation of the burden of proof with regard to assessments in employment references.
Basic principles re employment references
In Germany, upon termination of the employment relationship employees can claim for
In April, we wrote “EEOC takes aim at CVS, examining common separation agreements”, which covered an important case pending in the US District Court for the Northern District of Illinois.
The EEOC had sued CVS Pharmacy, accusing CVS of engaging in a “pattern or practice of resistance” to Title VII by requiring departing employees
The statutory protection against adverse action taken because the employee made a complaint about the employment should not be limited to situations where the employee genuinely believes in the merit of the complaint, the Full Federal Court has said in a recent decision – but without finally disposing of this controversy.
Legal context
French employment law strictly prohibits acts of moral harassment within a company, employers being required to take all measures necessary to prevent such situations from occurring in the first place. Applicable sanctions in the event of breach of such prohibition can be particularly severe since the employer can face penal sanctions as well
The Western Australian State Government is currently seeking submissions from industry on proposed reforms to safety laws in that State.
Western Australia (WA) is the latest Australian jurisdiction to release a Bill based on the Model Work Health and Safety Bill (Model Bill), which has formed the basis for harmonised safety legislation enacted across Australia since 2012 at Commonwealth, State and Territory level, in all jurisdictions to date except WA and Victoria. The WA version of the Model Bill has been made available for public comment until 30 January 2015. It would, if enacted, involve substantial changes to the existing regime headed by the Occupational Safety and Health Act 1984.
Pour les employeurs canadiens qui ont recours au Programme des travailleurs étrangers temporaires, il faut bien souvent demander l’émission favorable d’une Étude d’impact sur le marché du travail. Il s’agit d’une confirmation de la part des autorités selon laquelle l’offre d’emploi temporaire formulée à un étranger a une incidence neutre ou positive ou, à tout
Following a recent decision of the Employment Appeal Tribunal, employers now need to calculate holiday pay to include non-guaranteed compulsory overtime. For the latest advice from the London employment team on how to calculate holiday pay, please view our briefing.