Le gouvernement canadien a tenu promesse et a déposé, le 29 octobre dernier, son projet de loi intitulé Loi visant à établir un régime proactif d’équité salariale dans les secteurs public et privé fédéraux. En fait, ce projet de loi fait partie du projet de loi mammouth C-86, Loi no 2 portant exécution
October 2018
Vicarious liability in the data breach context – bad news for UK employers
The Court of Appeal has upheld a decision of the High Court holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable…
Model term for family friendly working arrangements to be included in modern awards
As part of the Commission’s four-yearly review of modern awards,[1] the Full Bench of the Fair Work Commission (Commission) recently handed down a decision (Decision),[2] to insert a new model term (Model Term) into all modern awards, which will:
- complement the flexible working provisions contained in s 65 of the Fair Work Act 2009 (Cth) (Act); and
- impose further obligations on employers when responding to an employee’s request for family friendly working arrangements.
We set out below some background, the new obligations imposed on employers and the impact of the Model Term for employers.
Have your say on Sexual Harassment in the Workplace
The recent Australian Human Rights Commission (AHRC) national survey on sexual harassment has made it clear that sexual harassment in the Australian workplace is increasing. In June 2018, the AHRC announced a National Inquiry into Sexual Harassment in the Workplace in order to report, on other things, the prevalence and reporting of harassment and the…
Italian Constitutional Court partially repeals Jobs Act rules – What’s next?
The Italian Constitutional Court (the “Court”) has partially repealed the “Jobs Act” reform of 2015 that introduced, among other things, a predictable calculation criteria for the monetary compensation to be paid in case of unlawful dismissal (2 months’ salary for each year of service, with a minimum threshold and a maximum cap).
The full decision…
Australia introduces unpaid domestic and family violence leave into Modern Awards
Employees in Australia, to whom a Modern Award applies, now have access to 5 days unpaid domestic and family violence leave a year, following a ruling made by the Fair Work Commission earlier this year as part of its four-yearly review.
All Modern Awards have now been amended to include a new clause about family…
Cannabis and the U.S. border – a complex relationship
Recreational cannabis will become legal in Canada effective October 17, 2018. However, taking cannabis or any product containing cannabis (whether medicinal or recreational) across Canada’s international borders will remain illegal and can result in serious criminal penalties both domestically and abroad. This prohibition applies equally to individuals travelling to or from a jurisdiction where cannabis…
Direct Discrimination – how far can this go?
The recent case of Lee v Ashers Baking Company Limited and Others has hit the headlines in looking at what amounts to direct discrimination in terms of the provision of services to individuals. What effect does this case have on discrimination in the employment field?
The case involved a family owned bakery, whose owners strict…
Workplace relations under a Federal Labor Government
A federal election is due by mid-2019 and it is shaping up to be one where, for the first time in a long time, there might actually be substantive differences between the employment and labour policies of the Labor Party and those of the Liberal National Coalition. Were Labor to win, and have a Senate that is more amenable to its workplace relations policies than the current Senate is to the Coalition Government’s policies, what might this mean for Australia’s employers and 12.5 million workers?
Employee rights on bereavement
In the UK, compassionate leave for employees in the event of bereavement has until now been dealt with by way of employment policies. There have been no specific legal rights on bereavement, whether in relation to the death of a family member or anyone else close to the employee. Any rights which they have to…