Topic: General

Subscribe to General RSS feed

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 … Continue reading

Launch of the Federal Employment Guide for Employers: September 1 Amendments to Part III of the Canada Labour Code

A suite of changes to Part III of the Canada Labour Code (the Code) are coming into force on September 1, 2019, that will confer new rights to employees. For many federally regulated employers, these amendments, brought under Bills C-86 and C-63, will have a significant impact on their workplaces and businesses. To assist employers … Continue reading

The End of Free Movement in the UK?

The UK Government’s announcement, that free movement will end the day after a no deal Brexit on 31 October 2019, has left many wondering how the rights of EU citizens will be impacted in the days that follow. Whilst some have speculated that it is unlikely that this means anything different than the original ‘no … Continue reading

Free Menstrual Products in Federally-regulated Workplaces Proposed

On May 4, 2019, in the Canada Gazette, the Labour Program of the Department of Employment and Social Development (the “Labour Program”) announced a proposal to require all federally regulated employers to provide free menstrual products in the workplace for employees “due to the shame and stigma that often surrounds menstruation.” In addition, the Labour … Continue reading

UK Pensions: Regulator ramps up “green” investment guidance for revised SIPs

New guidance from the Pensions Regulator reflects recent legislative changes requiring trustees of occupational pension schemes to set out their policies on environmental, social and governance (ESG) issues which may influence their investment decisions. The new law From 1 October 2019, changes apply governing the way pension schemes prepare and revise their investment disclosure documents, including … Continue reading

Alcohol at work: can the employer apply a zero tolerance policy?

A decision of the Supreme Administrative Court (“Conseil d’Etat”) of 8th July 2019 has overruled the decision of a work inspector (“inspecteur du travail”) who had rejected a zero tolerance policy regarding the consumption of alcohol during working hours for certain classes of employees in a company. The case concerned a company specializing in the … Continue reading

Marie Boland’s Review of the Work Health and Safety Laws, Part 3: Safe Work Australia‘s Consultation Regulation Impact Statement

On 24 June 2019, Safe Work Australia released a Consultation Regulation Impact Statement (RIS) seeking feedback on the possible impacts of implementing the recommendations of the Marie Boland independent review of the model Work Health and Safety Laws final report (Report). In February this year, Marie Boland (former Executive Director of SafeWork SA) delivered the Report which found the model … Continue reading

Migration Advisory Committee asked to review salary threshold by UK Government

The Home Secretary has asked the Migration Advisory Committee (MAC) to review future salary thresholds for the new immigration system which is due to come into force in January 2021. As we mentioned in our blog post- The immigration white paper – what will it mean for the UK’s future immigration system? December 2018 – … Continue reading

Keeping your finger(print) on the pulse:  Employer’s warned of the risks associated with the collection of biometric data

The everyday use of biometric technology in contemporary society is nothing new. We live in a world where we regularly use fingerprint recognition for home security, facial recognition to open our phones and voice recognition to ask Siri to spice up a party by playing the latest Taylor Swift tune.  Despite the significant advancements and … Continue reading

Australian minimum wage to be increased by 3% to $19.49 per hour from 1 July 2019

The Fair Work Commission has determined to award Australian workers a 3% increase on minimum wages. In the Annual Wage Review Decision handed down today, the Fair Work Commission has determined that from 1 July 2019: The national minimum wage and modern award minimum wages are to be increased by 3%. The national minimum wage … Continue reading

New laws in force to prevent “sharp corporate practices” of employers in avoiding payment of employee entitlements

The Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 (Act) received Royal Assent on 5 April 2019.[1]  The Act amends Part 5.8A of the Corporations Act 2001 (Cth) (Corporations Act) to discourage the use of “sharp corporate practices” used by employers to avoid paying employee entitlements when their business enters winding up, including improper … Continue reading

UK pensions: Does an employer have a duty to advise a dying employee on the implications of taking ill-health benefits early?

The smooth operation of a pension scheme depends on an efficient flow of information between the employer and the member. Frequently, the Pensions Ombudsman is asked to consider scheme trustees’ and employers’ duties on providing benefit information to members. Where the law is silent, this can be a tricky area to navigate and considerable uncertainty … Continue reading

Changes to British Columbia’s Workplace Legislation

This week, the Honourable Harry Bains, B.C.’s Minister of Labour, submitted bills to the legislature to amend the province’s three major workplace-related statutes that fall under the Ministry of Labour’s jurisdiction: the Employments Standards Act, the Labour Relations Code, and the Workers Compensation Act. These bills must still go through the legislative process before they … Continue reading

Religious practices and workplace incapacity

The Labour Appeal Court (LAC) has reaffirmed that employers must be tolerant of employee religious beliefs. In TDF Network Africa (Pty) Ltd v Deidre Beverley Faris, it ruled that the employee was discriminated against and unfairly dismissed for practising her religion. Faris, a Seventh Day Adventist, refused to attend monthly Saturday stock takes as her … Continue reading

Loi Pacte : Que faut-il en attendre dans les relations employeurs / salariés ?

La loi « Pacte » (Loi relative à la croissance et la transformation des entreprises) a été adoptée en lecture définitive par l’Assemblée Nationale le 11 avril dernier, après de longs mois de débats devant l’Assemblée Nationale et le Sénat. Elle a fait l’objet d’un recours devant le Conseil Constitutionnel, saisi le 16 avril dernier. Les commentaires … Continue reading

New code of practice for managing the mental health of FIFO workers

The Western Australian Department of Mines, Industry Regulation and Safety, in conjunction with the Commission for Occupational Safety and Health and the Mining Industry Advisory Committee, has released a Code of Practice “Mentally healthy workplaces for fly-in fly-out (FIFO) workers in the resources and construction sectors” (Code).[1]  The Code recommends implementing a risk-based approach to … Continue reading

Marie Boland’s Review of the Work Health and Safety Laws, Part 2: current status of industrial manslaughter provisions around Australia

As reported in an earlier article on this blog, Marie Boland (former Executive Director of SafeWork SA) undertook the first review of the model Work Health and Safety (WHS) laws and delivered her report on 25 February 2019 (Report). The Report concluded that the model WHS laws are operating as intended and the “three-tier framework” … Continue reading

UK Employment law changes April 2019

Despite Brexit dominating the headlines there are several key changes to employment law coming into force in April 2019. Extension of itemised pay statements to workers, not just employees – 6 April 2019   Currently, only employees are required to be given an itemised pay statement. From 6 April the Employment Rights Act (Itemised Pay … Continue reading

We all know what the new DOL salary numbers are, but what happens next?

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, … Continue reading

There’s a BEAR in there…

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 … Continue reading

Marie Boland’s Review of the model Work Health and Safety laws – industrial manslaughter, enhancing the Category 1 offence, and what it might mean for statutory safety duty holders

Since the start of this year, two directors have been sentenced to custodial terms for safety offences in relation to separate fatal incidents. In February this year,  Marie Boland’s Review of the model Work Health and Safety laws – Final report (Report) was released  which recommends including a new offence of industrial manslaughter in the … Continue reading
LexBlog