The People’s Supreme Court recently issued the Guiding Opinions on Further Promoting the Integration of Socialist Core Values into the Law Interpretation and Reasoning of Court Decisions. It is believed that more court decisions on employment disputes will refer to socialist core values, when applicable.
Mar
24
2021
China: Non-compete Clause that Fails to Specify Scope, Term and Damages is Unenforceable
The Court held that the employee was not bound to honor the non-compete obligation because the scope, term and damages of the non-compete were not explicitly specified.
Mar
24
2021
Chile: Electronic Payroll Book – An Evolution in the Labour Regulatory System
The Labour Department now offers employers an electronic remuneration book on its website, so that employers can report the standardised and monthly remuneration payments made to their employees, in a manner regarded as equivalent to the traditional remuneration book.
Mar
24
2021
Canada: Unilaterally Revoking Existing Accommodations is Risky Business
In Kovintharajah v. Paragon Linen and Laundry Services Inc., 2021 HRTO 98, Vice-Chair Best held that the employer violated the Human Rights Code (the “Code”) by revoking an existing family status accommodation that allowed an employee to leave work before the normal end of the shift in order to meet their child care responsibilities.
Mar
24
2021
Canada: New Tort of Harassment in Internet Communications
In a recent decision, the Superior Court of Justice for Ontario recognised a new tort: harassment in Internet communications. While the Court of Appeal for Ontario previously held in Merrifield v Canada (Attorney General) that an independent tort of harassment was not recognised in the province, in this most recent case the court identified that, absent such a cause of action, the civil remedies at its disposal were insufficient to address the defendant’s harassing and abusive behaviour.
Mar
24
2021
Belgium: Defining Boundaries on Right of Access to Employees’ Personal Data
Through a claim from an employee of an IT consultancy, the Litigation Chamber of the Data Protection Authority has clarified the boundaries of the employer’s obligations when faced with a request of access to, and a copy of, the former’s personal data. It (i) elaborates on the accepted and unaccepted grounds of refusal for the employer and (ii) underlines that anonymisation constitutes a favoured alternative.
Mar
24
2021
Australia: Consequence of Missing Employment Contract in Realtor’s Restraint Case
The New South Wales Court of Appeal has recently issued a forceful reminder that employers should take care in both drafting and maintaining copies of their employees’ contracts of employment, particularly when seeking to enforce restraints of trade and confidentiality obligations.
Mar
04
2021
Australia: Training and Policies on Sexual Harassment and Grievance Handling
The recent media and public attention concerning sexual assault, sexual harassment, inappropriate workplace relationships and grievance handling processes in Federal Parliament is a timely reminder to businesses of the importance of ensuring appropriate policies and processes are in place, and staff are adequately trained on sexual harassment and appropriate grievance handling; and what is at […]
Feb
26
2021
EU: Difference in Treatment between Employees with Disabilities might constitute Discrimination
Unfavourable treatment of an employee with a disability in comparison to a non-disabled employee, might constitute discrimination, if this distinction cannot be justified. In a recent Polish case an employer treated certain employees with a disability, adversely, compared to other employees with a disability. The CJEU had to resolve the question of whether this can constitute discrimination, as understood by the Employment Equality Directive 2000/78.
Feb
24
2021
USA: Labour Board Approves Carefully Crafted Social Media Policies
The National Labour Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the company logo to denigrate people or causes. Medic Ambulance Service, 370 NLRB No. 65 (Jan. 4, 2021).