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Employment & Immigration

06 November 2019
Amie Frydenberg Consultation: is a dismissal harsh, unjust or unreasonable without it?

Australia - Lander & Rogers

Does an employee have to be consulted, in accordance with an applicable industrial instrument, about their impending termination? According to a recent decision by the Fair Work Commission, the answer is not necessarily. The decision highlights that there are certain circumstances where an employer may be safe from an unfair dismissal claim if it proceeds to termination without consulting the employee. However, these situations are highly exceptional and should be approached with caution.

Authors: Amie Frydenberg, Ali Redfern
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Megan Beal Showing nude photos to supervisor justifies termination of long-service employee

Canada - Fasken

A recent arbitration decision has confirmed that termination can be the appropriate penalty for long-service employees with clean disciplinary records when they engage in sexual harassment, including showing a nude photo to a supervisor. This case highlights how seriously arbitrators look at sexual harassment in the workplace – particularly in the #MeToo era – and reminds employers of the importance of taking detailed notes during an investigation, including with respect to an individual's demeanour.

Author: Megan Beal
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Sang Hoon Lee Greater reforms for promoting work-life balance

South Korea - Lee & Ko

Significant changes to the Gender Equality Employment and Work-Life Balance Support Act, including changes to employees' rights to paternity leave and reduced working hours for child and family care, recently came into effect. Employers are strongly advised to review their existing practices and policies to ensure compliance with the act's latest amendments. Workplace disruptions are expected due to the increased benefits.

Authors: Sang Hoon Lee, William Woojong Kim
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Jemma Thomas Responsibility for pay information transfers under TUPE

United Kingdom - Lewis Silkin

A recent Employment Appeal Tribunal case clearly underlines that, on a Transfer of Undertakings (Protection of Employment) transfer, new employers must ensure that all records kept by the transferor in relation to the national minimum wage are transferred when it takes over the employees (especially as such records are likely to be held electronically). The transferor's refusal or failure to provide the records should be dealt with by way of indemnities or other contractual provisions in the transfer documentation.

Author: Jemma Thomas
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Recent updates

César Navarro Right to request working schedule adjustments

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, María José Ramos, Carmen Bardi
Patricia Yeung Hong Kong protests: employment issues

Hong Kong - Howse Williams 何韋律師行

Author: Patricia Yeung
Lia Alizia Government simplifies outsourcing requirements

Indonesia - Makarim & Taira S

Authors: Lia Alizia, Raditya Anugerah Titus
Pauline Moritz Leave pay for commission-based employees: an often overlooked pitfall for employers

Germany - Mayer Brown

Author: Pauline Moritz
Agnieszka Fedor Recent labour law changes – an overview

Poland - Sołtysiński Kawecki & Szlęzak

Authors: Agnieszka Fedor, Filip Sodulski
Sara Baldus Attendance rather than childbirth-related leave determines whether dismissal is lawful

Denmark - Norrbom Vinding

Author: Sara Baldus
Ciara Muldowney Employer ordered to disclose privileged material

United Kingdom - Lewis Silkin

Authors: Ciara Muldowney, Carla Feakins
J Alexandra MacCarthy Bonus entitlement on basis of reasonable expectation

Canada - Fasken

Author: J Alexandra MacCarthy