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Recent changes to Modern Awards – What employers should know

As part of the Commission’s four-yearly review of modern awards[1], the Full Bench of the Fair Work Commission (FWC) recently handed down a number of decisions[2] which have the effect of inserting a model casual conversion clause (Model Clause) into 84 Modern Awards[3] from 1 October 2018.  This provides “regular casual” employees the right to … Continue reading

Minority trade unions make good bedfellows

In UASA, Solidaity and NUM v Lonmin Platinum PLC and AMCU (HO1312-18), the CCMA was tasked with determining the question of whether three minority trade unions, acting jointly, could obtain organisational rights at Lonmin in order to challenge the influence of the majority union (AMCU). Section 18 of the Labour Relations Act, 1995 (the LRA) … Continue reading

Do managers typically think of personal liability when making decisions to dismiss? They perhaps should

Directors and senior managers and their employers should consider the recent Court of Appeal decision in the Osipov whistleblowing case very carefully. Briefly, by way of scene-setting, Osipov had made a series of protected disclosures and he was ultimately dismissed as CEO of the employer company pursuant to a decision of two non-executive directors (NEDS) … Continue reading

“Daddy day-care” some highlights on paternity leave

In November 2015 the Labour Laws Amendment Bill (the Bill) was tabled to parliament.  The Bill was adopted with the intention of amongst others, regulating (and extending) paternity leave.  As of 22 August 2018, the Bill has been passed by the National Assembly and the National Council of Provinces. All that remains is authorisation and signature by … Continue reading

Family Responsibility Leave – Bereavement rights

South African labour law does not have any specific legislation solely dealing with compassionate leave in the event of bereavement. However, the Basic Conditions of Employment Act, 1997 (BCEA) provides for what is termed family responsibility leave. The BCEA was introduced specifically to give effect to the right to fair labour practices by establishing and … Continue reading

Can an employee be compelled to give evidence in a coronial inquiry where the employer is facing a WHS proceeding?

A coronial inquiry being conducted at the same time as a criminal proceeding may constitute interference with the due administration of criminal justice amounting to contempt of court. A recent Federal Court decision[1] has considered whether the examination of an employee witness at an inquest will constitute ‘interference’ for the purposes of the criminal proceeding … Continue reading

Vicarious liability in the data breach context – bad news for UK employers

The Court of Appeal has upheld a decision of the High Court holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

Model term for family friendly working arrangements to be included in modern awards

As part of the Commission’s four-yearly review of modern awards,[1] the Full Bench of the Fair Work Commission (Commission) recently handed down a decision (Decision),[2] to insert a new model term (Model Term) into all modern awards, which will: complement the flexible working provisions contained in s 65 of the Fair Work Act 2009 (Cth) (Act); and impose … Continue reading

Have your say on Sexual Harassment in the Workplace

The recent Australian Human Rights Commission (AHRC) national survey on sexual harassment has made it clear that sexual harassment in the Australian workplace is increasing.   In June 2018, the AHRC announced a National Inquiry into Sexual Harassment in the Workplace in order to report, on other things, the prevalence and reporting of harassment and the … Continue reading

Italian Constitutional Court partially repeals Jobs Act rules – What’s next?

The Italian Constitutional Court (the “Court”) has partially repealed the “Jobs Act” reform of 2015 that introduced, among other things, a predictable calculation criteria for the monetary compensation to be paid in case of unlawful dismissal (2 months’ salary for each year of service, with a minimum threshold and a maximum cap). The full decision … Continue reading

Australia introduces unpaid domestic and family violence leave into Modern Awards

Employees in Australia, to whom a Modern Award applies, now have access to 5 days unpaid domestic and family violence leave a year, following a ruling made by the Fair Work Commission earlier this year as part of its four-yearly review. All Modern Awards have now been amended to include a new clause about family … Continue reading

The dangerous combination of the right to disconnect and the concept of on call-duty

French law implemented in 2017 the “right to disconnect” from digital tools, requiring employers to limit employees’ use of digital tools outside of office hours. The purpose of this legislation is to protect the employees’ work-life balance and their right to rest periods. The law did not provide details of how employers should implement the … Continue reading

Update for New York City employers: New required anti-sexual harassment poster and information sheet published; compliance required beginning September 6, 2018

In May 2018, we reported on New York City’s recent enactment of a number of laws addressing sexual harassment in the workplace.  For further information, see our prior Global Workplace Insider post, New York City employers take note: New anti-sexual harassment laws enacted.  As we previously reported, effective September 6, 2018, all New York City … Continue reading

Corporate Governance Reform – new disclosure requirements

Following on from it proposals for reform, which we reported on at the end of last year (Corporate Governance Proposals), the UK Government has now published draft regulations, (the draft Companies (Miscellaneous Reporting) Regulations 2018). The Draft Regulations will implement some of the proposals, in particular in relation to holding larger companies to account for … Continue reading

Restructuring due to AI technology

Technological advancements in artificial intelligence will impact heavily on the transportation industry and jobs.  Artificial intelligence in the transport industry is a double-edged sword.  While it will create new job opportunities, the technology will render others obsolete.  The question around the use of autonomous self-driving cars is no longer hypothetical.  All Tesla vehicles have the … Continue reading

Coming Soon: Heightened Accountability and Transparency in Federal Employment Equity

In Canada, most federally regulated employers in the private and public spheres are subject to the Employment Equity Act, or in French, la Loi sur l’équité en matière d’emploi (the “Act”). First enacted in 1986, the Act’s objective is to ensure that federally regulated employers proactively engage in equitable practices that reduce barriers and counter … Continue reading

The UK Government’s Good Work Plan and the Gig economy

Further to our post on the UK Government’s announcement (7 February 2018) of its Good Work plan following the Taylor review of Modern Working Practices published in July last year (the Review), the Government’s full response has now been published (the Response) together with the four consultation documents promised. The key proposals detailed in the … Continue reading

Bericht zur Gleichstellung und Entgeltgleichheit erstmals in 2018 aufzustellen!

Die Umsetzung guter Vorsätze: Erstmaliger Entgeltbericht nach dem Entgelttransparenzgesetz Ganz oben auf der To-Do-Liste für 2018 steht – neben den Vorsätzen für das neue Jahr – für viele Unternehmen die erstmalige Aufstellung des Berichts zur Gleichstellung und Entgeltgleichheit nach dem Entgelttransparenzgesetz. Der Bericht ist im Jahr 2018 erstmals zu erstellen – Berichtszeitraum ist dabei das … Continue reading
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