Comme 2020 approche à grands pas, il y a un certain nombre de jours fériés à venir qui créent des obligations pour les employeurs envers leurs employés. Nous avons résumé ci-dessous certaines des plus importantes obligations ayant trait à ces jours fériés pour les employeurs régis par les lois provinciales de l’Alberta, de la Colombie-Britannique,
Dans le cadre de leurs missions, les salariés doivent respecter l’ensemble des règles (notamment de sécurité) applicables. En particulier, les chauffeurs routiers sont astreints au respect du Code de la Route.
Mais l’employeur est également responsable de la sécurité de ses salariés et, si l’obligation de sécurité n’est désormais plus une obligation de résultat, il
Trade unions should shape working life in a meaningful way through collective agreements ensuring good working relations. In order to be eligible for collective bargaining, they must have a minimum bargaining unit vis-à-vis the workplace, says the German Federal Constitutional Court.
In Germany, the labour courts decide whether associations are eligible for collective bargaining and
Following our recent updates regarding the introduction of workplace manslaughter laws in Victoria (see our blog article here) and proposed legislative changes in New South Wales (see our blog article here), there have now been further developments, with industrial manslaughter laws being passed in the Northern Territory (NT) and proposed in Western Australia as part of a mirror work health and safety (WHS) Bill.
The ownership of a company’s intellectual property is a sensitive subject for many companies. A recent case considered the compensation an employee may be entitled to under the Patents Act 1977 where the patents are held to be of outstanding benefit to the employer.
As it is often a company’s employees who create intellectual property,
The Supreme Court in the UK has held in the case of Royal Mail Group Ltd v Jhuti that, where the real reason for dismissal is a protected disclosure which has been hidden from the person determining the dismissal, by a person in a position of responsibility, the dismissal is automatically unfair, even where the
Safe Work Australia has recently revealed that the number of serious workplace injuries related to bullying and harassment has nearly doubled in Australia since 2009. Mental health-related claims that involve workplace harassment or bullying are skyrocketing, with about a quarter of all psychological claims based on allegations of workplace harassment or bullying. In the 2019/20 financial year, over 1,800 people were compensated for a workplace injury sustained through workplace bullying or harassment.
In light of these numbers, WHS regulators around the country have become increasingly focussed on prosecuting individuals for bullying-related breaches of the national harmonised WHS law.
Highlighting the significant risks for employers, Tad-Mar Electrical Pty Ltd (Tad-Mar) was this month fined $15,000 ( the maximum penalty is $500,000) after pleading guilty to the Category 3 offence of contravening section 33 of the Work Health and Safety Act 2012 (SA) (WHS Act).
The decision follows successful category 1 convictions of both of the individual employees involved in the incident. This decision is significant as it represents the first conviction for a bullying-related prosecution under the national harmonised WHS law.
The Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019 was passed by the Victorian Legislative Counsel on 26 November 2019 without any amendments. It is now awaiting royal assent, and will come into operation on a day to be proclaimed or on 1 July 2020 at the latest.
The Federal Court of Australia recently decided in favour of a representative proceeding (more commonly known as a ‘class action’) brought on behalf of approximately 150 workers, and backed by the Construction, Forestry, Mining, and Maritime Employees Union against Thiess Pty Ltd, on the question of payment for travel time at the end of a worker’s shift.[1] The case is part of the growing trend of class actions in the employment sphere.
New South Wales has introduced a WHS Amendment Bill (Bill) in response to the recommendations of the Marie Boland report issued in February 2019 (see our blog article here regarding the Marie Boland review). The changes, if passed, will commence on the day they receive royal assent.
The Bill proposes to: