A recent Western Australian Industrial Relations Court decision regarding annualised salaries paid to Modern Award covered employees serves as an important reminder of the importance of identifying, and carefully complying with applicable Modern Awards.
Job descriptions published for each of the reserved roles for Saudi nationals and stated that it will examine the actual role performed by any non -KSA national, to see if they are effectively doing a reserved role under a different title.
Court rules on trade union representatives’ special rights when legal requirements are not meet. Special consideration to the employee’s declaration of status of trade union representative applies, if the company does not oppose to it.
The case concerned whether the termination of an employee’s employment contract was due to redundancy or whether it was related to the employee’s application for parental leave. The Court found that the dismissal of the employee had a close connection in time with the employee’s filing for parental leave and that the dismissal was in breach of the non-discrimination principle of the Swedish Parental Leave Act.
The case concerned an employee who was dismissed due to his inability to perform in accordance with his undertakings following from the employment contract. The Court concluded that the dismissal was based on legal grounds.
A new program called Tawteen was introduced. Tawteen is a recruitment portal, which allows UAE nationals to register on the portal as a job seeker and be eligible to apply for vacancies in the private sector as advertised.
New Bill allows for a salary to be paid in foreign currency, when labor duties (on a regular basis) are performed outside the territory of the Russian Federation.
The EAT considered the employee’s argument that type 2 diabetes should be treated as a progressive condition and therefore a disability under the Equality Act 2010. In assessing whether the condition was likely to result in a substantial adverse effect on normal day-to-day activities the EAT said, even if there is a small possibility of the employee’s condition deteriorating in the future, that may result in the employee having a disability.
New Bill would increase the amount of compensation for the delay in salaries. Nowadays, an employer is obliged to pay interest at the rate of not less than 1/150 the key rate of the Central Bank of the Russian Federation. Duma members propose to increase the surcharge to 1/100.
In a claim by a Regional Operations Manager for wrongful dismissal, the Court confirmed that gross negligence can amount to gross misconduct, justifying dismissal without notice. However, there will only be limited circumstances in which an employee’s failure to act justifies summary dismissal if they did not intend to act contrary to, or to undermine, the employer’s policies.