The Labour Court of Leuven, in a judgment of 11 April 2019, has declared a sectoral collective agreement non-applicable as it linked wage increases to the seniority of the employee, because it deemed it to be in contradiction with the prohibition of discrimination based on age
Jun
25
2019
Australia: Important Reforms To The Law Governing “Whistleblowers”
Corporations—particularly public companies and large proprietary companies—will need to be aware of recent amendments to the corporations (and taxation) legislation that give greater protection to “whistleblowers” (those that make disclosure of corporate wrongdoing and breaches of the taxation laws). These changes impose additional duties on corporations to have mechanisms in place to deal with such disclosures. The legislation (Treasury Laws (Enhancing Whistleblower Protections) Act 2018) received Royal Assent in March this year, but the provisions affecting the Corporations Act 2001 (Cth) will take effect on 1 July 2019. Importantly, as noted below, there are obligations to have an appropriate policy dealing with whistleblowing in place before 1 January 2020. Because liability for breaches of the amendments can run before 2020, it is recommended that companies covered by the legislative amendments act as soon as possible to implement a policy and ensure compliance with the legislation
Jun
25
2019
Australia: Bakery franchise ordered to pay $249,000 to a temporary visa worker for underpayment and “cashback payment” arrangement
The Federal Court of Australia has ordered that an employer and its two managing directors pay a former employee, who had been working on a temporary visa, a total of $249,000 in compensation and pecuniary penalties, for contraventions of the Fair Work Act 2009 (Cth)
Jun
25
2019
Argentina: Are surveillance-camera footage valid as evidence before a Labour Court in Argentina?
This case law shows that for surveillance-camera footage to be used as evidence in a court claim, some legal requirements must be met and have to be ratified by other means of evidence
May
29
2019
USA: Trump Administration Targets Visa Overstays
President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas
May
29
2019
UK: Useful court guidance on dealing with subject access requests
The High Court recently ruled that the information provided in response to a subject access request (SAR) was inadequate and ordered the data controller to provide significant further information. The court also provided guidance on issues that often arise for employers when responding to a SAR
May
29
2019
UK: Employer was not liable for injury at work Christmas party
The High Court has decided that an employer was not liable for an injury sustained by an employee at a work Christmas party, and it also was not vicariously liable for the actions of the person who caused the injury
May
29
2019
UAE Ministerial Resolution No. 242 of 2019
The new law which came into force on April 1, 2019 lists the exemptions for payment of the administrative fines detailed in Article 3 of UAE Cabinet Resolution No. 15 of 2017
May
29
2019
Spain: Residence and work permits for UK’s national members in the case of a “no-deal” Brexit
The Spanish Government has recently approved Instructions to authorize the right to reside and work in Spain for UK’s national members who have been residing in Spain before the withdrawal date. These Instructions will only be applicable if UK leaves the EU without a withdrawal agreement and its effects will begin on the withdrawal date
May
29
2019
Romania: New changes within the Labour Code regarding the termination of the employment agreement
A recent Law modified the contents of Article no. 56 of the Labour Code that contains the de jure situations in which the employment agreement is terminated. One of these situations is the termination of the agreement when the employee reaches the retirement age and has the minimum contribution period to benefit from pension rights. At this moment, the pension age is different for men and women. However women can choose to continue the employment until they reach the retirement age for men. The new form of the article also includes the possibility for both male and female employees to continue the employment by request for a period of 3 years after they reach the retirement age