For many employers the beginning of the crisp autumn air is inextricably linked with the start of the new school year, and with it the return of their student employees. It is important for employers to know that while the Employment Standards Act, 2000 applies to youth and adults alike, there are some differences in
2016
Possibility of higher WHS fines for “well known” offenders
Well known organisations that are convicted for work health and safety offences may face higher fines, following a recent decision of the New South Wales Court of Criminal Appeal.
Tho Services Limited pleaded guilty to three breaches of section 19 of the Work Health and Safety Act 2011 (NSW), after a work experience student sustained permanent eye damage while performing welding tasks without wearing appropriate eye protection.
The New South Wales Court of Criminal Appeal fined Tho Services $240,000. In doing so, it overturned an earlier decision of the New South Wales District Court, that Tho Services only be required to pay $28,000 for the prosecution’s costs.
Protecting the vulnerable: Rights and protections for part-time employees
This article was written by Jonathan Arumugam , a Candidate Attorney at Norton Rose Fulbright South Africa
Managing a workplace and employees is a lot different nowadays than it used to be two decades ago. Today, many employers struggle to recruit and retain employees by offering a strict nine to five work day. Your typical…
Failure to Mitigate in Ontario
Aylsworth v Law Office of Harvey Storm, 2016 ONSC 3938 is an interesting case that further defines the boundaries of what type of job employees can reasonably reject without failing in their duty to mitigate their wrongful dismissal damages.
Lynne Aylsworth had worked at the Law Office of Harvey Storm for 15 years as a…
Recent South African arbitration rulings on “benefits”
This article was written by Shoneez Gani , a Candidate Attorney at Norton Rose Fulbright South Africa
Section 186(2)(a) of the Labour Relations Act (LRA) states that “unfair labour practice” means any unfair act or omission that arises between an employer and an employee involving – (a) unfair conduct by the employer relating…
Update: Assessment of Employment Relationships (Deregulation) Act (DBA)
Working with independent contractors/freelancers?
In May 2016, we discussed https://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering beoordeling arbeidsrelaties) (the Act) which came into force on 1 May 2016. The first year is intended as a transitional period,…
Zero hour contracts in Italy
Back in 2003, with the objective of giving employers and employees maximum flexibility to agree to working relations, the so-called zero hour contract, also known informally as “job on call,” was formally introduced into the Italian employment law regime. Under these contracts, the employee agrees to be available to work for the employer only at specific times, at the request of the employer. In Italy, the typical employment contract is still the traditional full-time, open ended one, so it comes as no surprise that this arrangement is largely viewed as punitive to employees and is subject to multiple restrictions.
Workers and VRSPs – Obligations will soon be enforceable for certain employers
Through the Voluntary Retirement Savings Plans Act, the Québec government aimed at making sure all workers who did not participate in a RSP plan at their workplace had the opportunity to do so. The Act creates different obligations for the employers it covers depending on the number of eligible employees they have on their…
What rights and protections are there for part-time workers in the UK?
In the UK, before June 2000 there was no express protection for part-time workers against less favourable treatment when compared with those who work full time. Their only options for legal redress were by way of an equal pay or sex discrimination claim. In 2000 the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (the…
Employer prevented from offsetting higher annual salary against award entitlements
A recent decision of the Western Australian Industrial Magistrates Court[1] has provided a timely reminder that, where employers pay an annualised salary to an award-covered employee, specific wording may be required in the contract of employment to ensure the higher salary can be offset against specific award entitlements that are not separately provided, such as payment for overtime or leave loading.

