Despite Brexit dominating the headlines there are several key changes to employment law coming into force in April 2019.
Currently, only employees are required to be given an itemised pay statement. From 6 April the Employment Rights Act (Itemised Pay
On the scope of subject access requests under the EU General Data Protection Regulation (GRPR) in the context of compliance and whistle-blowing regimes, the Regional Labour Court (Landesarbeitsgericht) of Stuttgart decided that an employer was required not only to provide an employee with the records containing performance and behavioural data, but
Earlier this year Gary Lavin and his company Multi-Run Roofing Pty Ltd (Multi-Run Roofing) were found guilty by a jury of reckless conduct under the Work Health and Safety Act 2011 (Qld) (the Act), following the death of a worker in July 2014.
Mr Lavin was sentenced to 12 months in prison (suspended after 4); the first custodial sentence handed out to an individual in Queensland for breach of the Act. Multi-Run Roofing was also fined $1 million.
Les clauses de non-concurrence sont régulièrement utilisées tant dans le cadre de contrats commerciaux que dans le cadre de contrats d’emploi. Ces clauses pondèrent d’un côté les intérêts légitimes commerciaux de l’entreprise au droit notamment de l’employé de gagner sa vie. Elles sont donc une exception à la règle de la libre concurrence et,
The US Department of Labor’s March 7, 2019 Notice of Proposed Rulemaking reset the salary requirements for the Fair Labor Standards Act’s white-collar exemptions. By now we all know the new numbers: the minimum salary threshold will increase from US$455 per week (US$23,660 annually) to US$679 per week (US$35,308 annually) for the executive, administrative, professional,
What is BEAR?
The Banking Executive Accountability Regime (BEAR) is set out in Part IIAA of the Banking Act 1959 and took effect in February 2018.
BEAR establishes accountability obligations for authorised deposit-taking institutions (ADIs) and their senior executives and directors. The regime also establishes deferred remuneration, key personnel and notification obligations for ADIs.
An ADI is a financial institution which is authorised by the Australian Prudential Regulation Authority (APRA) to accept deposits from the public.
On March 15, 2019, The Ontario Court of Appeal released its decision in Merrifield v. Canada (Attorney General), reversing a trial decision in which the Ontario Superior Court of Justice had recognized the existence of a common law “tort of harassment”.
The plaintiff’s claim was based on conduct that he had experienced during his
As part of the Fair Work Commission’s (Commission) four-yearly review of Modern Awards[1], the Commission recently handed down a decision on 27 February 2019 (Decision)[2], to insert new model clauses for annual wages into Modern Awards.
The Decision applied to 17 Modern Awards that currently contain annualised wage entitlements, and 2 Modern Awards that previously did not contain annualised wage arrangements.
We set out below some background, the new obligations imposed on employers, and the impact of the model clauses for employers.
The recent Federal Court decision of Lacson v Australian Postal Corporation [2019] FCA 51 has reaffirmed the position than an employer is not liable for cumulative overtime and allowances where their employee performs different duties at two different locations and two different times. Justice Mortimer dismissed an appeal by an employee of Australia Post, who argued he was entitled to overtime, rest relief and meal allowances over a 4 year period while he worked two jobs for the same employer.
On 19 February 2019, the Constitutional Court upheld the Labour Court’s finding that an employer need not afford an employee an opportunity to be heard before implementing a precautionary suspension. This important development arose from the following facts.
The employer, the South African Breweries (Pty) Ltd (SAB) employed a district manager for the