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Employment & Benefits

15 May 2019
Aaron Goonrey The untouchable employee and dangers of playing office politics

Australia - Lander & Rogers

Following a recent Federal Court decision, a power solutions company was forced to reinstate a senior employee who it had fired three years previously and pay him A$1.1 million in back pay. This case serves as a reminder that employers must be aware of the dangers of unlawfully terminating an employee, particularly given that the employee may be reinstated into their position should it be held that they suffered adverse action.

Authors: Aaron Goonrey, Justine Krajewski
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Matthew Larsen How respectful workplaces can reduce risk of successful constructive dismissal claims

Canada - Fasken

The British Columbia Supreme Court recently considered how employers can properly address workplace conduct to minimise the risk of constructive dismissals. This case not only offers a useful summary of the law on poisoned workplaces, but also offers employers several practical suggestions on how to reduce this risk, including by implementing a respectful workplace policy and treating complaints seriously.

Author: Matthew Larsen
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Francesco Pedroni Supreme Court defines limits of immunity of foreign states from Italian jurisdiction in employment lawsuits

Italy - Stanchi Studio Legale

The Supreme Court recently decided a labour litigation case filed by an Italian employee of the British Council. The court affirmed the principle that the exoneration from Italian jurisdiction of foreign states and entities that, in a broad sense, hold the status of bodies of a foreign state meets a double limit in the field of labour relations for disputes concerning employment relationships unrelated to the institutional functions and the organisation of the entity and when a claim with exclusively patrimonial content is raised.

Author: Francesco Pedroni
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Richard Lister Pre-transfer dismissal was by reason of transfer and automatically unfair

United Kingdom - Lewis Silkin

The Court of Appeal recently upheld a decision that the dismissal of an employee immediately before a Transfer of Undertakings (Protection of Employment) Regulations transfer was automatically unfair because the principal reason had been the transfer. This case underlines that even where an employer believes that it has a non-transfer-related rationale for a dismissal, caution should be exercised where it will occur close to the transfer date.

Author: Richard Lister
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Richard I Scharlat New Jersey agreements with employees: new law leaves nowhere to hide

USA - Dentons US LLP

Senate Bill 121 has amended New Jersey's longstanding Law Against Discrimination to prohibit any contractual provision that conceals "the details relating to a claim of discrimination, retaliation, or harassment". Notably, the new law applies to all existing and future agreements, except collective bargaining agreements. The law also preserves the enforceability of certain restrictive covenants, including non-competition agreements and provisions protecting confidential and proprietary information.

Author: Richard I Scharlat
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