In our previous blog on 26 February 2024 (Paid leave entitlements during sickness absence: a significant change in France | Global Workplace Insider), we mentioned the reversal in case law taken by the French Supreme Court concerning the rules applicable to accrual of paid annual leave for employees absent on sick leave.
Indeed
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)
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
In three decisions handed down on 13 September 2023, the French Supreme Court took an unprecedented position reversing the previous case law concerning accrual of paid leave for employees absent from work due to sickness.
In these decisions, the French Supreme Court ruled that all employees on sick leave, regardless of whether the illness is
This article was co-authored with Jessica Kamleh, Phina Conroy and Michael Wilson.
In late 2022, new provisions were included in the Sex Discrimination Act 1984 (Cth) (SD Act) to impose a positive duty on employers and persons conducting a business or undertaking (PCBUs) to take reasonable and proportionate measures to eliminate, as far as possible
This article was co-authored with Jessica Kamleh, Phina Conroy and Michael Wilson.
In late 2022, new provisions were included in the Sex Discrimination Act 1984 (Cth) (SD Act) to impose a positive duty on employers and persons conducting a business or undertaking (PCBUs) to take reasonable and proportionate measures to eliminate, as far as possible
This article was co-authored by Hattie Wilson
In recent years, Australia has seen a significant increase in the number of cases of silicosis and other crystalline silica (silica) related diseases in the workplace. Silica is a naturally occurring mineral which is used in many products such
In February 2023 the Labour Court delivered judgment in a review of an arbitration award of the CCMA. The employees concerned were charged and dismissed for gross insubordination when they refused to obey the instruction of their manager to work overtime. The CCMA found the dismissals to be substantively fair.
During evidence at the arbitration
Dans une décision rendue en avril 2023, le Tribunal administratif du travail (le TAT)[1], par l’entremise du juge Guy Blanchet, a déclaré que l’employeur avait contrevenu aux articles 12 et 53 du Code du travail[2] (ci-après le C.t.), car il avait entravé les activités du syndicat et manqué à son obligation