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Employment & Immigration

16 October 2019
Aaron Goonrey Freedom of expression versus work obligations

Australia - Lander & Rogers

The Federal Court recently upheld an employee's dismissal, which had occurred after he criticised his law firm's clients in an opinion piece in two newspapers. While the court's decision is not a green light for employers to terminate employees who express political views, it is a reminder for employers and employees that a failure to follow a lawful and reasonable direction may justify termination of employment (depending on the circumstances of the case).

Authors: Aaron Goonrey, Isabel Hewitt
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Patricia Barboza Outsourcing: a new paradigm

Brazil - CGM Advogados

In a recent decision, the Supreme Court addressed an important question relating to the day-to-day activities of companies operating in Brazil: is the outsourcing of services allowed without restriction or should it be limited to non-core business activities, as set out by Precedent 331 of the Superior Labour Court? This decision is relevant because it will affect the standards adopted by the Brazilian labour courts in relation to outsourcing.

Authors: Patricia Barboza, Luiz Paulo Pieruccetti
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Avneet Jaswal Thirty-month notice of termination ruling overturned

Canada - Fasken

The Ontario Court of Appeal recently reaffirmed that the upper limit for reasonable notice remains 24 months, absent exceptional circumstances. This decision is a reminder of the importance of well-drafted employment contracts, particularly with regard to an employee's entitlements on termination.

Author: Avneet Jaswal
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Rasmus Linding Supreme Court overturns dismissal based on employee's covert recording of conversation with employer

Denmark - Norrbom Vinding

The Supreme Court recently held that an employer had been unjustified to summarily dismiss an employee with retroactive effect after discovering that he had covertly recorded a conversation with his manager. The court had to decide whether the employee's secret audio recording could be regarded as a material breach of the employment relationship and justify summary dismissal.

Author: Rasmus Linding
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James Davies Class discrimination and the workplace: TUC proposes new laws

United Kingdom - Lewis Silkin

The Trades Union Congress (TUC) recently published its recommendations for eliminating class-based bias in society. Its report points to a number of statistics demonstrating that working-class individuals suffer disadvantage in the employment sphere. As such, the TUC has proposed (among other things) the introduction of compulsory class pay gap reporting for all employers.

Authors: James Davies, Tom Heys
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Recent updates

Guy Castegnaro Court recognises employees' right to disconnect when on leave

Luxembourg - Castegnaro

Authors: Guy Castegnaro, Ariane Claverie
Brian Baggott DOL finalises updated overtime pay regulations

USA - Dentons US LLP

Authors: Brian Baggott, Mark P Johnson, Betsey Lasister
John DR Craig If it looks like a farm and acts like a farm... it's a farm: farm worker exemption

Canada - Fasken

Authors: John DR Craig, Jackie VanDerMeulen, Tala Khoury
Tom McEvoy Labour Party announces plans for new Workers' Protection Agency and Ministry for Employment Rights

United Kingdom - Lewis Silkin

Author: Tom McEvoy
Jakob Widner Teachers and brothels

Austria - Graf & Pitkowitz Rechtsanwalte GmbH

Author: Jakob Widner
Dániel Gera Supreme Court rules on compensation for post-termination non-compete agreements

Hungary - Schoenherr

Authors: Dániel Gera, Dorottya Gindl
Sara Baldus Board of Equal Treatment finds that amendment of homeworking agreement was not discriminatory

Denmark - Norrbom Vinding

Author: Sara Baldus
Pooja Ramchandani Provident fund liability: EPFO to the rescue

India - Shardul Amarchand Mangaldas & Co

Authors: Pooja Ramchandani, Vaibhav Bhardwaj, Anjuli Marwah