July 2015

We have been keeping a close eye on the potential changes to the chain of responsibility in the heavy vehicle national laws (CoR), providing updates on developments as they arise. On 8 July 2015, the National Transport Commission (NTC) released the latest development on this issue with its second discussion paper in relation to CoR, ‘Primary Duties for Chain of Responsibility Parties and Executive Officer Liability’.  Submissions to this paper will be open to the public until 7 August 2015.

The Federal Court of Australia has held that the decision of an employer to subcontract a particular type of work, rather than have it performed by an employee, did not constitute unlawful adverse action.

The decision applies the relatively restrictive approach to the question of causality adopted in two earlier decisions of the High Court of Australia (the Barclay case and BHP case).

Canada and particularly the province of Quebec are generally known to be “friendly” towards the rights of the LGBT community, including within the realm of employment.

It is interesting to note that the Supreme Court of Canada held in 1995 that although sexual orientation was not specifically listed as a ground for discrimination in the…

The Fair Work Act 2009 (Cth) (the FW Act) provides that in a case of “transfer of employment”,  the enterprise agreement (the name given in Australia to collective labour agreements) that applied to an employee in his/her former employment will continue to apply, subject to any order to the contrary made by the Fair Work Commission (Commission).

A party can apply to the Commission for such an order when there is or is “likely to be” a transfer of employment.

Two recent decisions of the Commission suggest that where an application is brought, before the transaction resulting in the transfer of employment is cemented, it will fail through want of jurisdiction.

On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas …

A decision released last week from the Ontario Labour Relations Board (the “Board”) has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive dismissal. In the decision of Julie C. Malboeuf v. PR Dental Facility Ltd., Julie Malboeuf brought an application under the Employment …

Discrimination against people on grounds of their sexual orientation is a topic widely discussed in European politics. For example, only recently, in Ireland marriage between same sex partners became lawful. In Germany, it is still not possible for same sex partners to marry. They can only enter into a so-called registered civil partnership (eingetragene…

Australian Employment remuneration and incentives can now be allocated between cash and share schemes tax-effectively, to more closely match US and other overseas benefits policies.

Changes to the Australian employee share scheme (ESS) taxation regime, taking effect from 1 July 2015, allow taxing points to be deferred for longer and introduce a significant new concession for “start-ups”. For new investors into Australia, it is easier for Australian plans to replicate or match the schemes of US, UK and other overseas parent company schemes.

As widely reported in its recent EEOC v. Abercrombie & Fitch Stores, Inc. decision, the United States Supreme Court held that employers cannot lawfully refuse to hire an applicant if the decision was motivated by the employer’s unwillingness to provide the applicant with an accommodation the applicant needs for religious reasons.

However, in so holding,…