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Employment & Benefits

10 April 2019
Sally Moten Worker sacked for taking Nurofen Plus – how does your drug and alcohol policy stack up?

Australia - Lander & Rogers

The Fair Work Commission recently confirmed that it would be inappropriate to reinstate an employee who had tested positive for Nurofen Plus after failing to declare that he had been taking it, as required by his employer's drug and alcohol policy. The decision highlights that non-compliance with a drug and alcohol policy can be a valid reason for dismissal and that employers must closely consider mitigating circumstances before deciding to dismiss an employee.

Authors: Sally Moten, Justine Krajewski
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Shane D Todd Government appoints new expert panel on labour standards

Canada - Fasken

The federal government has established an independent expert panel to provide advice and conduct consultations on the modernisation of labour standards in Part III of the Canada Labour Code. Among other things, the expert panel will study the federal minimum wage and whether it should be determined by the province in which an employee usually works or whether a freestanding federal minimum wage should be enacted.

Authors: Shane D Todd, Christopher D Pigott, Jessica Moldaver
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Satoshi Hosokawa Amendments to regulations on working hours and paid annual leave

Japan - Nagashima Ohno & Tsunematsu

A number of amendments to Japan's labour and employment laws recently took effect. Among other things, the amendments concern the monitoring of employee working hours, paid annual leave, the so-called 'highly professional system' and overtime limits. Employers should ensure that their policies and practices comply with the amendments to ensure an easy transition to Japan's new employment framework.

Author: Satoshi Hosokawa
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Toni Lorenzo Court of Appeal maintains interim springboard injunction in team moves case

United Kingdom - Lewis Silkin

A recent Court of Appeal judgment is a helpful reminder of the applicable legal tests in securing an interim springboard injunction. It also identifies several practical factors that may influence the granting of discretionary remedies in the context of a team move and reminds employers facing an injunction application of the risk that the 'truth will out' if they (or their new recruits) present misleading evidence to the court.

Authors: Toni Lorenzo, Michael Anderson, David Samuels
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Recent updates

Patricia Yeung When 'wages' mean more than just your salary

Hong Kong - Howse Williams

Author: Patricia Yeung
Aaron Goonrey How to nurture an ageing workforce

Australia - Lander & Rogers

Authors: Aaron Goonrey, Jenni Mandel
Adekunle Obebe Towards a better workplace: curbing sexual harassment

Nigeria - Bloomfield Law

Authors: Adekunle Obebe, Joseph Onele, Ozioma Agu
Satoshi Hosokawa Fixed overtime payment arrangements

Japan - Nagashima Ohno & Tsunematsu

Author: Satoshi Hosokawa
César Navarro Does time spent travelling to clients constitute working time?

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Alejandro Gil
David Hopper Will Brexit frustrate your European works council?

United Kingdom - Lewis Silkin

Authors: David Hopper, Vince Toman, Kerry Salisbury
Norm Keith No jail for accused directors says Court of Appeal

Canada - Fasken

Author: Norm Keith
Luke Tapp Labour law modernisation efforts continue

United Arab Emirates - Pinsent Masons

Authors: Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen