Archives

The form labor agreement that’s making headlines in Japan

Last week, Japanese newspapers reported that a national medical research center in the suburbs of Osaka had entered into a so-called “36 agreement” with its doctors and nurses in 2012, allowing these employees to work up to 300 hours of overtime per month and up to 2,070 hours of overtime per year. (To be clear, … Continue Reading

Webinar: Key Labour and Employment Issues Affecting Employers in Australia

Squire Patton Boggs presents a webinar focussing on key labour and employment issues affecting Australian employers and overseas employers with Australian operations. On 27 September 2017 at 9.00 a.m. BST (UK) (10.00 a.m. CEST, 4.00 p.m. AWST, 6.00 p.m. AEST), Anna Elliott and Bruno Di Girolami will discuss: Business Immigration – An update on recent … Continue Reading

Unclear and present danger – incorrect use of “Independent Contractor” arrangements may have expensive consequences

The ever-vexed question of whether a worker is an employee or independent contractor has once again come before the Australian courts. The recent decision of Balemian v Mobilia Manufacturing Pty Ltd & Anor provides a reminder to employers of the potential financial ramifications of getting this wrong.… Continue Reading

In the post – FWC delivers mixed messages on dismissal for social media indiscretions

Following recent differing decisions of the Fair Work Commission (FWC) it seems that Australian employers must still tread a fine and uncertain line in determining whether employee misconduct on social media is a valid reason for dismissal. In the recent case of Stephen Campbell v Qube Ports Pty Ltd t/a Qube Ports & Bulk in … Continue Reading

Ninth Circuit Court of Appeals Affirms TRO – Stay of Travel Ban Executive Order Remains in Place

On February 9, 2017 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Federal District Court judge’s decision (TRO) to temporarily block the President’s Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States. Our previous update regarding the TRO, the current state … Continue Reading

Updates on Impact of Travel Ban Executive Order: One Week and Counting

Significant confusion has arisen in the week since President Trump issued his Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States on January 27, 2017. Our previous summary can be found here. Following a frenetic week at U.S. ports of entry and international airports and increased litigation in several … Continue Reading

UPDATED – Additional Executive Order Issued with Immediate Impact on Travel to the United States

On Friday January 27, 2017, the president issued an Executive Order (EO) entitled, Protecting the Nation from Foreign Terrorist Entry Into the United States. The EO has yet to be posted on the White House website but the text can be found here. The purpose of this Executive Order, as stated, is to “protect our … Continue Reading

He’s making a list, he’s checking it twice… the year’s best misconduct cases

As the Festive Season reaches its peak Down Under, we have taken a look back at the more ‘interesting’ cases of 2016 to help Santa prepare his Naughty or Nice List for Australian employers: First to be considered for Santa’s list is a labourer who, in the midst of a heated discussion, somewhat unchantably called … Continue Reading

Procedural leak sinks employer’s reliance on workplace drug tests

Although drug and alcohol testing is generally recognised in Australia as forming part of an employer’s armoury for managing its health and safety obligations, a recent Fair Work Commission decision has provided a salutary reminder that employers in Australia which fail to follow best practice when conducting such tests risk being on the wrong end … Continue Reading

Two Timing Employee Caught in the Act – Uber Unfortunate!

An employee of West Australian Newspapers Limited (WAN) who moonlighted for Uber was caught in the act when, one Saturday night, he picked up a WAN manager. Despite being well and truly busted, the employee (who worked night shifts as WAN’s newspaper machinist) denied having any affiliation with Uber, saying that his wife had the … Continue Reading

Mean manager mistreats minion – employer left to pay the cost

A recent decision of the Queensland Court of Appeal (QCA) has set the record straight in finding that an aged care provider was vicariously liable for the belittling and aggressive conduct of its manager, and awarding the worker $435,583.98 in damages for a psychiatric injury. Ms Eaton started work as an administrative assistant for an … Continue Reading

“Ladies’ Night” promotions in Hong Kong – good business or unlawful discrimination?

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is fully aware that he cannot deny goods, facilities or services to a customer on the basis of gender. What appears to be less well known is that, at least in Hong Kong, the same business … Continue Reading

Tokyo District Court rules that “US-style” dismissal is invalid

Article 16 of the Japanese Labour Contracts Act provides that “If a termination lacks objectively reasonable grounds and is not considered to be appropriate in general social terms, it is treated as an abuse of rights and is invalid”.  Obviously the terms “objectively reasonable grounds” and “appropriate in general social terms” are ambiguous but here … Continue Reading

Webinar: Employment Law Worldview Webinar Series – Australia, China and Japan

Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Given in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation covering key “hot topics” in the featured jurisdiction, … Continue Reading

SPB launches ground-breaking reference tool for international HR and Legal teams

Let’s face it – some law firm differentiators just don’t work.    We’ve tried a number in our time, from risibly pretentious podcasts to printing all our documents landscape to ensure that they stood out (or rather, didn’t fit) in client or Tribunal files, to an advertising campaign based on whippets and racing pigeons which still … Continue Reading

Just a fling – Australian employer finds breaking up with a Casual is hard to do

According to the Australian Bureau of Statistics, the number of casual employees in the Australian workforce is on the rise, with the highest proportion employed in the retail and building industries. However, how many of these are true casuals and what are the consequences of an employer not getting the relationship right? The recent decision … Continue Reading

Three ways to dismiss employees in Japan

If we were to list the “frequently asked questions” by multinationals doing business in Japan, the first question on the list might be “how do we dismiss employees?” The short answer is “with extreme care,” as Japan is famous for its “lifetime employment” system, and the law here is very protective of employees. Many multinationals have tried to fire … Continue Reading

Gardening Leave – Avoiding the Thorns!

In the absence of any right at common law or under Australia’s Fair Work Act 2009 (Cth), the general rule is that gardening leave must be conferred by an express power in an employment contract.  In a remarkable decision by the Victorian Supreme Court in Australia it was held that the employer’s power to direct … Continue Reading
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