Every four seconds, someone in the world becomes a slave. It is estimated that there are currently over 40,000,000 modern slaves worldwide. The scale of the problem is such that it is impossible to ignore. This September, Norton Rose Fulbright welcomed Matt Friedman, CEO of the Mekong Club and international human trafficking expert, to Toronto
September 2019
Service Provider or Labour Broker? How to tell the difference
In January 2019 the Labour Court decided a contractor,that was appointed in terms of a service level agreement, operated as an independent service provider not as a labour broker. The distinction is critical because the deeming provisions in section 198A of the Labour Relations Act, 1995 (LRA), applies to labour brokers but not…
Le privilège relatif au litige devant le Tribunal administratif du travail : La Cour d’appel remet les pendules à l’heure
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…
Facilitating HR Management: Electronic medical certificates
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…
Not-for-profit organisations bound by the whistleblowing regime
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.
Control or trust: Legal claim to home office?
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…
The WHS Response to psychological health and a PCBU’s obligations
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.