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Employment & Benefits

13 June 2018
Aaron Goonrey Navigating the murky waters of employee bonuses and incentive payments

Australia - Lander & Rogers

Navigating the payment of bonuses or incentive payments can be a tricky legal issue. One question that clients regularly ask is how discretionary is an employer's discretion when it comes to awarding a bonus or setting an employee's annual remuneration? As with most legal issues, there is no quick answer, but there are some tips from case law which can provide guidance.

Authors: Aaron Goonrey, Emily Burgess
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Magali Cournoyer-Proulx What is the origin of a name – not as innocent a question as it seems

Canada - Fasken

The Human Rights Tribunal recently examined discrimination in hiring, specifically in regard to ethnic or national origin. It opined that the purpose of Section 18.1 of the Charter of Human Rights and Liberties is to eliminate discrimination in hiring at its roots by prohibiting any question relating to a personal characteristic. Accordingly, a mere question relating to one of the grounds listed in Section 10 of the charter will constitute an automatic violation of Section 18.1.

Authors: Magali Cournoyer-Proulx, Valérie McDuff
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Lia Alizia All in the family: court removes restriction on employment of spouses and blood relatives

Indonesia - Makarim & Taira S

Previously, under the Manpower Law, employers in Indonesia could include an article in their employment agreements, company regulations or collective labour agreements which allowed them to terminate employees for having a marital or blood relationship with another employee in the same company. However, the Constitutional Court recently sided with eight individual claimants who contended that the wording of the law contravened their constitutional rights.

Authors: Lia Alizia, Ghaliva Nadira Sjarif
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Guy Castegnaro New rules regarding salary payments in event of illness

Luxembourg - Castegnaro

A new law has modified various provisions of the Labour Code, including Article L121-6(3) regarding salary payments in the event of illness. Following the issuance of the new rules, the majority of case law in this regard has become redundant. Now, employers must prove whether employees received their work schedule before falling ill.

Authors: Guy Castegnaro, Ariane Claverie
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Recent updates

Ruth Zadikany Second Circuit holds that sexual orientation discrimination is sex discrimination under Title VII

USA - Mayer Brown LLP

Authors: Ruth Zadikany, Grant T Miller, Richard E Nowak
Kevin P O'Neill Employer-mandated physician visit is not a privacy violation

Canada - Fasken

Authors: Kevin P O'Neill, Matthew Allard
Aaron Goonrey How to manage the challenges of an ageing workforce

Australia - Lander & Rogers

Authors: Aaron Goonrey, Jenni Mandel
Nicos Panayiotou New legislation for pregnant women and new mothers in workplace

Cyprus - George Z Georgiou & Associates LLC

Author: Nicos Panayiotou
Colin Leckey Appeal judgment confirms Addison Lee cycle couriers are workers

United Kingdom - Lewis Silkin

Author: Colin Leckey
Jörgen Larsson Labour Court: fresh guidance on definition of 'collective strike action'

Sweden - Wistrand

Authors: Jörgen Larsson, Viktoria Hybbinette
Ger Connolly Employers' duties – references and negligent misstatement

Ireland - Mason Hayes & Curran

Author: Ger Connolly
Kevin Bowers With great power comes great responsibility

Hong Kong - Howse Williams Bowers

Authors: Kevin Bowers, Patricia Yeung