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Employment & Benefits

16 May 2018
Tony Woods Fair Work Commission suspends protected industrial action by rail workers

Australia - Lander & Rogers

In January 2018 rail workers employed by Sydney Trains and NSW Trains threatened a 24-hour stoppage and overtime bans. In a noteworthy decision for all employers, the Fair Work Commission ordered that all industrial action be suspended for six weeks, finding that the stoppage threatened to cause significant damage to the economy and endanger the welfare of the community and the people who rely on the network to get to work and school.

Authors: Tony Woods, Sally Moten
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Julie Robinson Pay Transparency Act enacted in Ontario, national trend emerging

Canada - Fasken

The Ontario Pay Transparency Act has been enacted as a central piece of Ontario's strategy for women's economic empowerment. The act will require employers with more than 100 employees to collect information and prepare pay transparency reports, which may be published online by the Ministry of Labour. The Ontario legislation is part of an emerging Canada-wide trend reflecting increasing efforts to improve pay equity and, more generally, equality in the workplace.

Author: Julie Robinson
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Ignacio Garcia Conversation recorded by concealed voice recorder accepted as valid evidence

Chile - Porzio Rios Garcia

Evidence used in employment cases must be obtained in a lawful manner and in accordance with fundamental rights, such as due process. However, a recent Supreme Court decision has fostered debate about the protection of fundamental rights within the context of an employment relationship. The court found that a conversation recorded without consent by a concealed voice recorder at a meeting could be considered valid evidence and did not violate the fundamental rights of the individuals recorded.

Authors: Ignacio Garcia, Fernando Villalobos
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Sang Hoon Lee Occupational Safety and Health Act amendments

South Korea - Lee & Ko

In recognition of the hardship faced by emotional labour workers, there have been increasingly audible calls to improve their working environment, which has led to a view that employers must take proactive steps to protect the health and wellbeing of such employees. Although legislative changes have been insubstantial, the National Assembly of Korea recently passed legislative amendments to the Occupational Safety and Health Act which seek to protect emotional labour workers.

Authors: Sang Hoon Lee, William Woojong Kim
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Valeria Gumuchdjian Liability for false work references and reappraising social media

Switzerland - Rihm Rechtsanwälte

Employers in Switzerland must provide work references that allow former employees to obtain new employment positions and may be liable for any false or overly negative work references that harm an employee's job search. As reviews of potential candidates' online profiles are common, the question remains as to whether candidates and employers may be held liable for professional recommendations posted on (for example) LinkedIn.

Author: Valeria Gumuchdjian
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Colin Leckey EHRC gets tough on enforcing gender pay gap reporting

United Kingdom - Lewis Silkin

The Equality and Human Rights Commission is adopting a rigorous approach to the enforcement of the gender pay gap reporting regime. It recently confirmed in a Freedom of Information Act request that it has sent 1,456 letters to employers that it believes have failed to comply with the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 and indicated that it will be investigating every company that has failed to comply.

Authors: Colin Leckey, Tom Heys
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Ruth Zadikany California Supreme Court clarifies method for calculating overtime rate of pay relating to flat-sum bonuses

USA - Mayer Brown LLP

A recent California Supreme Court decision has had significant implications for employers when determining the regular rate of pay used to calculate overtime following the payment of flat-sum bonuses. The court held that employers must calculate the overtime rate of pay in pay periods in which an employee earns a flat-sum bonus by dividing the flat-sum by the non-overtime hours actually worked in that pay period, not the total hours worked (including overtime).

Authors: Ruth Zadikany, Grant T Miller, Richard E Nowak
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Recent updates

Ruth Zadikany National Labour Relations Board vacates joint employer ruling and reverts to Browning-Ferris standard

USA - Mayer Brown LLP

Authors: Ruth Zadikany, Grant T Miller, Richard E Nowak
Paul Côté-Lépine Right to disconnect: will employees be able to pull the plug?

Canada - Fasken

Authors: Paul Côté-Lépine, Antoine Guilmain
Guy Castegnaro Disciplinary penalties: what to watch out for

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Victoria Goode HMRC publishes guidance on new PILON tax rules, but uncertainty remains

United Kingdom - Lewis Silkin

Author: Victoria Goode
Jakob Widner Employed or self-employed? Request an advance ruling!

Austria - Graf & Pitkowitz Rechtsanwälte GmbH

Author: Jakob Widner
Luke Tapp Part-time working introduced – more than just a nice idea

United Arab Emirates - Pinsent Masons

Authors: Luke Tapp, Andrea Hewitt-Sims
Andrea Nicolò Stanchi Employees can be dismissed if job is eliminated in company reorganisation

Italy - Stanchi Studio Legale

Author: Andrea Nicolò Stanchi
Ignacio Garcia Supreme Court casts doubt on non-unionised employees' right to collective bargaining

Chile - Porzio Rios Garcia

Authors: Ignacio Garcia, Fernando Villalobos