Topic: General

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Skilled Worker Immigration Act

Cornelia MarquardtBy Cornelia Marquardt on Posted in Contracts, Europe, General
On 1 March 2020, the Skilled Worker Immigration Act  will come into force. The law completely opens up the German labour market to skilled workers from countries outside the European Union. In addition to the measures set out in our blog the German legislator has included further measures including an accelerated administrative procedure and more … Continue reading

De nouvelles obligations pour les plateformes de mise en relation

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France, General
Les plateformes de mise en relation (comme Uber ou Deliveroo), qui sont de plus en plus utilisées en France, font pourtant l’objet de nombreuses critiques, principalement fondées sur les conditions de travail des travailleurs indépendants qu’elles utilisent dans le cadre de leur activité. Le Gouvernement français s’est donné pour mission d’encadrer l’activité de ces plateformes, … Continue reading

Taking it a day at a time

David CrossNazreen AliBy David Cross and Nazreen Ali on Posted in Asia Pacific, Australia, General
Section 96 of the Fair Work Act 2009 (Cth) (the Act) provides that “for each year of service with his or her employer, an employee [excluding casual employees] is entitled to 10 days of paid personal/carer’s leave”.  This entitlement accrues progressively during a year of service according to the employee’s ordinary hours of work and it accumulates from year to year. What is … Continue reading

Supreme Court awards employee compensation amounting to 5% of the revenue of outstandingly profitable patent in Shanks v Unilever

Lauren Pullen-Stanley (UK)Seiko HidakaBy Lauren Pullen-Stanley (UK) and Seiko Hidaka on Posted in General, UK, Uncategorized
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, … Continue reading

Wrong interpretation of industrial agreement leads to successful underpayment claim for 150 workers

Samantha MaddernKathryn HunterBy Samantha Maddern and Kathryn Hunter on Posted in Asia Pacific, Australia, General
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 … Continue reading

New South Wales responds to Marie Boland Review recommendations

Katherine MorrisMelissa CarnellBy Katherine Morris and Melissa Carnell on Posted in Asia Pacific, Australia, General
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: increase maximum penalties (with … Continue reading

Workplace manslaughter legislation introduced in Victoria (Part 3)

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
Bill update As reported in earlier articles on this blog, the Victorian Legislative Assembly has heard the second reading speech of the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) and passed the Bill on 14 November 2019. The Bill was sent to the Legislative Council on 14 November 2019 … Continue reading

Workplace manslaughter legislation introduced in Victoria (Part 2)

Nicki MilionisDaniel MacphersonBy Nicki Milionis and Daniel Macpherson on Posted in Australia, General
Yesterday, 30 October 2019, the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Vic) (the Bill) received its second reading speech in the Victorian Legislative Assembly. The Bill, if passed, provides for the new offence of ‘workplace manslaughter’ to come into operation on a day to be proclaimed or on 1 July … Continue reading

Industrial Manslaughter laws introduced to Victorian parliament today

Nicki MilionisBy Nicki Milionis on Posted in Australia, General
As reported in our earlier article (found here), the Victorian government announced in 2018 that it would introduce an industrial manslaughter offence. The Minister for Workplace Safety, The Hon Jill Hennessy, today announced that new ‘workplace manslaughter’ laws were introduced in Parliament. The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 has … Continue reading

First Industrial Manslaughter prosecution in Queensland

Nicki MilionisDaniel MacphersonBy Nicki Milionis and Daniel Macpherson on Posted in Australia, General
On Friday the Minister for Industrial Relations announced the first prosecution in Queensland for industrial manslaughter under the Work Health and Safety Act 2011 (Qld) (the Act). The industrial manslaughter prosecution has been brought against Brisbane Auto Recycling Pty Ltd (Brisbane Auto) arising from the fatality of a worker killed by a reversing forklift on … Continue reading

Shining the spotlight on dust lung disease in Queensland: a regulatory response for the resources industry

Katherine MorrisPeta WilloughbyMatt WichlinskiBy Katherine Morris, Peta Willoughby and Matt Wichlinski on Posted in Asia Pacific, Australia, General
Since 2015, Queensland’s resources industry has been shaken by the re-emergence of dust lung diseases, largely among the State’s large coal mining workforce.  So far, more than 130 workers have been diagnosed with incurable forms of lung disease across Australia, resulting in 6 Queensland deaths in the past 12 months.[1] The State Government has responded … Continue reading

Service Provider or Labour Broker? How to tell the difference

Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in General, South Africa
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 to independent service providers. … Continue reading

The WHS Response to psychological health and a PCBU’s obligations

Nicki MilionisTanya PuriBy Nicki Milionis and Tanya Puri on Posted in Asia Pacific, Australia, General
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

Natasha HyppoliteStéphane EricksonBy Natasha Hyppolite, Stéphane Erickson and Heather Cameron on Posted in Canada, General
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?

Global Workplace InsiderBy Aida Geragusian on Posted in Europe, General, 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

Denyse BouletBy Denyse Boulet on Posted in Canada, General
In May 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 Program … Continue reading

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

Lesley HarroldBy Lesley Harrold on Posted in General, UK
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?

Laure JoncourBy Laure Joncour on Posted in Europe, France, General
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
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