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Employment & Benefits

05 December 2018
Amie Frydenberg Christmas party scandal: Fair Work Commission upholds dismissal of glass-throwing employee

Australia - Lander & Rogers

The Fair Work Commission recently made a significant decision on out-of-hours conduct in finding that ALDI had had a valid reason to dismiss an employee for throwing a full glass of beer over the heads of other employees at a work Christmas function. The case emphasises that while employers have a responsibility to maintain appropriate standards of behaviour at work functions where alcohol is present, employees also have an obligation to act within reasonable limits.

Authors: Amie Frydenberg, Jenni Mandel
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Anja Glück Correct implementation of employment contracts: favourability assessment in case of dispute

European Union - Allen & Overy LLP

With respect to employers with a multi-jurisdictional presence in the European Union, where a dispute arises between them and an employee concerning the law applicable to cross-border employment contracts, it is first necessary to assess whether the objectively applicable law was deviated from by way of a choice-of-law clause. If so, it is then necessary to determine whether this affects the objectively applicable law's mandatory provisions and whether these are more favourable to the employee than the law chosen.

Authors: Anja Glück, Hans-Peter Löw
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Sarah McWhinney Court backs recruitment agency seeking to enforce non-solicitation and non-dealing clauses against former employee

United Kingdom - Lewis Silkin

The High Court has awarded an interim injunction to Berry Recruitment Limited to prevent a former employee from soliciting and dealing with its clients and candidates. This case reinforces the fact that, in the right circumstances, recruitment businesses can enforce post-termination restrictions against employees without the trouble and expense of a full hearing.

Author: Sarah McWhinney
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Recent updates

Aaron Goonrey What happened to casual employment? A look at WorkPac v Skene

Australia - Lander & Rogers

Authors: Aaron Goonrey, Justine Krajewski
Claire Himsl Fixed-term contracts: friend or foe?

Canada - Fasken

Author: Claire Himsl
Nicos Panayiotou Supreme Court clarifies burden of proof in wage protection cases

Cyprus - George Z Georgiou & Associates LLC

Author: Nicos Panayiotou
Anja Glück Correct implementation of employment contracts: choice of law and applicable law

European Union - Allen & Overy LLP

Authors: Anja Glück, Hans-Peter Löw
César Navarro Court rules that employee's disciplinary dismissal for taking paid annual leave justified

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Elena Esparza
Patricia Yeung Court limits scope of non-solicitation restrictions

Hong Kong - Howse Williams Bowers

Authors: Patricia Yeung, Michael Withington
Valeria Gumuchdjian Online recruitment: dos and don'ts for employers

Switzerland - Rihm Rechtsanwälte

Author: Valeria Gumuchdjian
Beril Yayla Sapan Effects of recently published presidential executive decree on salaries in or indexed to foreign currency

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Pınar Ece Bişkin