September 2019

Le 8 juillet 2019, la Cour d’appel, dans l’affaire Procureur général du Canada c. De l’Étoile[1] (l’affaire De l’Étoile) a infirmé une décision du Tribunal administratif du travail (le TAT) et a ainsi confirmé l’application du privilège relatif au litige devant le TAT.

Qu’est-ce que le privilège relatif au litige?

Le privilège

As part of the “Third Bureaucracy Relief Act” the German government intends to introduce an electronic submission procedure for medical certificates regarding the incapacity of employees. More than 80 million of such certificates are issued every year by doctors in Germany. Replacing extensive documentation and record-keeping duties will allow medium-sized companies in particular to reduce

From 1 July 2019, not-for-profit incorporated organisations that meet the definition of a “trading or financial corporation” must comply with the corporate sector whistleblower regime in Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act).

What entities are obliged to comply with the new whistleblowing regime?

The new whistleblower regime applies to “regulated entities”, defined to include not only companies registered under the Corporations Act, but also corporations to which paragraph 51(xx) of the Commonwealth of Australia Constitution Act (Constitution) applies.[1]

A corporation to which the Constitution applies includes foreign corporations or “trading or financial corporations” formed within the limits of the Commonwealth.  Not-for-profit organisations can meet the definition of a “trading or financial corporation”, despite being formed for a not-for-profit or charitable purpose.

Digitization and  technological advances are accelerating the flexibility of working conditions leading to a changed understanding of leadership. A key topic of debate is the “home office” which is currently used by approximately 12 per cent of employees in Germany for all or part of their working time. On this topic, the German government is

Psychosocial hazards and work-related stresses are amongst the most challenging workplace health and safety issues. In recent times, there has been an increased focus by WHS regulators on ‘mentally healthy’ workplaces. Organisations are expected to have appropriate systems in place to eliminate or reduce psychosocial hazards, such as bullying and harassment, to effectively respond to issues and provide safe and healthy workplaces.