Under Belgian Law, the working time schedules of part-time workers are to be properly kept and respected by the employer. However, the Supreme Court recently ruled that the aforementioned presumption only applies for the benefit of the institutions and government officials, which are empowered to prevent and obstruct undeclared work. As a result of this judgement, part-time employees cannot invoke the presumption in order to claim fulltime salary and should always be able to prove their actual (fulltime) performances in order to obtain additional pay.
In Spain, employees who become parents have the right to ask for a working hours reduction, which may be from 1/8 to 1/2 of the working day. The dismissal of an employee, who is enjoying this right, is null if there are no grounds to justify such a dismissal.
Traditionally, Australian Courts have been cautious about claims brought by employees alleging breach of statutory prohibitions against misleading and deceptive conduct in trade or commerce. The frequently occurring hurdle in such cases is that Court’s have not considered conduct, which occurs during the course of ongoing employment, to be “in trade and commerce”. The position, however, has been that misleading or deceptive conduct in pre-employment negotiations may support a statutory cause of action for misleading and deceptive conduct. Courts have taken a more limited view with respect to representations made to an existing employee with a view to retaining the services of that employee. The Federal Court of Australia recently ordered an insurance building company to pay its former senior insurance executive more than $330,000 in damages for misleading and deceptive conduct, in breach of the Australian Consumer Law.