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Employment & Benefits

17 April 2019
Julian Riekert #MeToo inspires employees to act: Fair Work Commission upholds dismissal of Coles manager

Australia - Lander & Rogers

The Fair Work Commission recently considered whether a Coles employee, whose conduct had been found to breach the chain's code of conduct and equal opportunity policy, had been unfairly dismissed. The commission noted that the #MeToo movement had commenced and gained traction in late 2017 and was likely to have encouraged the initial complainant and other complainants to report the employee's conduct.

Authors: Julian Riekert, Bridget Shelton
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Rachel Younan Between a rock and a hard place: employer faces competing statutory obligations

Canada - Fasken

How can an employer balance its obligation to maintain a safe workplace for its employees with its duty to accommodate an employee who has serious mental health issues? According to a recent arbitration award, an employer may inadvertently breach one statutory obligation by satisfying another. A single employee's rights – even human rights – cannot be considered in isolation and to the exclusion of the rights of all others.

Author: Rachel Younan
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Laurent Guardelli Troubled times for digital platforms

France - Coblence & Associés

While French employment law has a reputation for being strict, judges have only recently been faced with the challenge of determining whether individuals who work for digital platforms are employees of said platforms or self-employed. As France has been somewhat reluctant to address the employment status of digital platform workers and has issued only a few pieces of legislation in this regard, recent decisions on platform workers' employment status have garnered significant interest.

Authors: Laurent Guardelli, Chrystelle Deschamps
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Paul Gonzi No warnings, no damages, no due process: one-off mistake validates employee's dismissal

Malta - Fenech & Fenech Advocates

The Court of Appeal recently upheld an Industrial Tribunal decision and confirmed that a company operating in the iGaming industry had been entitled to dismiss an employee who had, on one occasion, forgotten to upload games to the company's platform. Nonetheless, this is a contentious judgment which, at face value, seems to diminish the burden that an employer must prove continuous or repetitive misconduct or underperformance substantiated by valid warnings.

Author: Paul Gonzi
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Adekunle Obebe Curbing sexual harassment: lessons from Microsoft

Nigeria - Bloomfield Law

In 2013 the National Industrial Court (NIC) ushered in a new labour law regime with regard to workplace sexual harassment when it held an employer vicariously liable for acts of sexual harassment perpetrated against one of its employees. Based on the NIC's decision, employers which learn of workplace sexual harassment and take no administrative decision to investigate it may be liable for breaching their duty of care to their employees by failing to protect their fundamental rights.

Authors: Adekunle Obebe, Joseph Onele, Ozioma Agu
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Recent updates

Sally Moten Worker sacked for taking Nurofen Plus – how does your drug and alcohol policy stack up?

Australia - Lander & Rogers

Authors: Sally Moten, Justine Krajewski
Shane D Todd Government appoints new expert panel on labour standards

Canada - Fasken

Authors: Shane D Todd, Christopher D Pigott, Jessica Moldaver
Satoshi Hosokawa Amendments to regulations on working hours and paid annual leave

Japan - Nagashima Ohno & Tsunematsu

Author: Satoshi Hosokawa
Toni Lorenzo Court of Appeal maintains interim springboard injunction in team moves case

United Kingdom - Lewis Silkin

Authors: Toni Lorenzo, Michael Anderson, David Samuels
Adekunle Obebe Towards a better workplace: curbing sexual harassment

Nigeria - Bloomfield Law

Authors: Adekunle Obebe, Joseph Onele, Ozioma Agu
Patricia Yeung When 'wages' mean more than just your salary

Hong Kong - Howse Williams

Author: Patricia Yeung
César Navarro Does time spent travelling to clients constitute working time?

Spain - CMS Albiñana & Suárez de Lezo

Authors: César Navarro, Alejandro Gil
Luke Tapp Labour law modernisation efforts continue

United Arab Emirates - Pinsent Masons

Authors: Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen