Leading commentary and perspectives on employment and labor law
Authors: Katherine Morris, Michael McCrea
Introduction
A recent decision of the District Court of New South Wales has clarified the content, nature and extent of an officer’s duty to exercise due diligence in relation to safety matters under the Work Health and Safety Act 2011 (NSW) (WHS Act).
Persons conducting a business or undertaking (PCBU)…
Flexible work arrangements (FWA) have become increasingly common in recent years, in part due to the COVID-19 pandemic requiring most workers to work from home. Many employees and jobseekers now expect employers to offer flexible work arrangements; it was recently reported that 1 in 2 Singapore workers would quit their job if asked…
In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action.
In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules. Following non-compliance with…
This article was co-authored with Anastasia Gravas and Yasmine Sahihi.
On 23 April 2024, the United States Federal Trade Commission (FTC) voted to ban non-compete clauses, which prevent a worker from seeking or accepting new employment within an industry after the termination of their employment. The ruling, while already subject to legal challenge, stands as…
Le 19 avril dernier, la Cour suprême du Canada a rendu une décision fort attendue en matière de syndicalisation des cadres. Dans l’arrêt Société des casinos du Québec inc. c. Association des cadres de la Société des casinos du Québec[1], la Cour suprême juge que l’exclusion d’une association de cadres de premier niveau…
During the height of the 2020 Covid-19 pandemic, the employer, Concrete Lining Products, decided to close down operations from 25 March to 16 April 2020 whilst continuing to pay its employees in full for that period, with the amount paid to be offset against the employees’ annual leave for days not worked.
The applicant…
The starting point under Singapore law is that any contractual term restricting a former employee’s business activities after termination of employment (known as a restraint of trade clause or a restrictive covenant) is – on its face – void and unenforceable for being a restraint on the freedom of trade and contrary to public policy.
By: Nicki Milionis and Michael McCrae with thanks to Yasmine Sahihi and Amy Moore for their contributions
Victoria’s first industrial manslaughter decision pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) was handed down in the Supreme Court recently in R v LH Holding Management Pty Ltd…
On 11 March the Council of the EU confirmed the provisional agreement reached on the Platform Workers Directive (the Directive). The Directive aims to improve the working conditions of those who work on platforms in the gig economy and will also regulate the use of algorithms by digital labour platforms.
Employment protection
The EU suggests…
In modern employment contracts, restraint of trade clauses are commonly inserted to protect the employer’s proprietary interests. The purpose thereof is to prohibit an employee for a specified period and prescribed geographical area from taking up employment with a direct competitor.
Employers need to be wary of employees who breach restraint of trade clauses and…
