The Fair Work Act 2009 (Cth) (the FW Act) provides that in a case of “transfer of employment”,  the enterprise agreement (the name given in Australia to collective labour agreements) that applied to an employee in his/her former employment will continue to apply, subject to any order to the contrary made by the Fair Work Commission (Commission).

A party can apply to the Commission for such an order when there is or is “likely to be” a transfer of employment.

Two recent decisions of the Commission suggest that where an application is brought, before the transaction resulting in the transfer of employment is cemented, it will fail through want of jurisdiction.

On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas …

A decision released last week from the Ontario Labour Relations Board (the “Board”) has re-emphasized the high threshold required to find that the conduct of an employer amounts to constructive dismissal. In the decision of Julie C. Malboeuf v. PR Dental Facility Ltd., Julie Malboeuf brought an application under the Employment …

Discrimination against people on grounds of their sexual orientation is a topic widely discussed in European politics. For example, only recently, in Ireland marriage between same sex partners became lawful. In Germany, it is still not possible for same sex partners to marry. They can only enter into a so-called registered civil partnership (eingetragene…

Australian Employment remuneration and incentives can now be allocated between cash and share schemes tax-effectively, to more closely match US and other overseas benefits policies.

Changes to the Australian employee share scheme (ESS) taxation regime, taking effect from 1 July 2015, allow taxing points to be deferred for longer and introduce a significant new concession for “start-ups”. For new investors into Australia, it is easier for Australian plans to replicate or match the schemes of US, UK and other overseas parent company schemes.

As widely reported in its recent EEOC v. Abercrombie & Fitch Stores, Inc. decision, the United States Supreme Court held that employers cannot lawfully refuse to hire an applicant if the decision was motivated by the employer’s unwillingness to provide the applicant with an accommodation the applicant needs for religious reasons.

However, in so holding,…

Before the Employment Equality (Sexual Orientation) Regulations came into force in 2003, there was no specific protection for employees from discrimination on grounds of sexual orientation in the UK (although attempts had been made to use the human rights and sex discrimination legislation). The law on sexual orientation discrimination is now set out in the…

This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London) 

As mentioned in our briefing posted in December 2014 (Holiday Pay: Where are we now?), there has recently been litigation in the UK in relation to the correct calculation of holiday pay and the factors which should be taken into…

Dutch dismissal law will undergo a dramatic change with effect from 1 July 2015. If you are considering individual dismissals or a reorganisation with lay-offs, the legal changes will not only have a financial impact, but are also expected to complicate effecting dismissals. If your proposals do not comply with the new law any dismissals…