Tag Archives: termination

Whose lie is it anyway? Not for employer to decide if whistleblowing disclosure is protected

For a whistleblower to benefit from the statutory protections, his disclosure must be protected, i.e., be (usually) about the breach of a legal obligation and reasonably believed by him to be true and in the public interest.  If he deliberately lies or makes his disclosure only to advance his own interests or prejudice somebody else’s, … 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

Recent redundancy exercises – learning points for HR, Part 1

Large-scale redundancies may not be happening (fortunately) to the same extent as in the aftermath of the financial crash of 2008 (and it’s too early to talk meaningfully about the possible implications of Brexit), but we are still often asked to advise clients in connection with smaller-scale redundancy exercises, often arising as a result of … Continue Reading

Bad medicine – the dangers of contacting an employee during sickness absence

It is a common issue facing employers; you want to start or take next steps with a grievance or disciplinary investigation. To do the right thing you want to meet with the employee to discuss your concerns but the worker is on sick leave or goes sick, often citing work-related stress.  Can you contact the … Continue Reading

Practical tips for settling injury to feelings claims

Back in 2014 we posted a piece on Moorthy –v- HMRC http://www.employmentlawworldview.com/taxing-times-for-uk-discrimination-claimant/, a case looking at the taxable status of payments to employees for injury to feelings caused by unlawful discrimination. Historically there had been an unspoken understanding that such compensation could be paid tax free, on top of the usual £30,000 allowance for termination … Continue Reading

Can “Child’s Pose” Relieve Bikram Yoga Guru’s Stress After His January 25 California Court Double-Whammy?

I first encountered Bikram Choudhury 10 years ago (okay more like 15, but who’s counting) at his Bikram Yoga College on La Cienega Blvd. in L.A. when trying out his quintessential hot yoga class. He was memorable, parading around in Speedo-like short-shorts on a small stage in front of the class, shouting yoga commands. Given … Continue Reading

French Supreme Court decides that failure to display workplace rules rendered dismissal unfair

A recent case before the French Supreme Court acts as a stark warning to employers of the importance of complying with the requirements in the French Labour Code to display their internal rules in the workplace. After the discovery of empty bottles of alcohol in the employees’ changing room, an employer required one of its … Continue Reading

Colorado Supreme Court Confirms Employers May Fire Employees for Medical Marijuana Use

On June 15, 2015, the Colorado Supreme Court affirmed an appeals court decision ruling that employers can lawfully fire employees for use of medical marijuana. Brandon Coats, a quadriplegic medical marijuana user and Colorado resident, sued his employer (Dish Network) for wrongful discharge after it fired him for testing positive for marijuana during a random … Continue Reading

Porn again – professor sacked for beaming porn on white board during lesson

While it is not beyond belief that students with tablets and smart phones might surreptitiously occupy their minds elsewhere during a lecture, this year’s Employmentlawworldview Oscar for Best Multitasking must surely go to the Swiss professor dismissed last week for watching porn while giving a lecture.  What poise, what practice, what confidence that must take, … Continue Reading

A UK tale of sexy selfies, steamy shower rooms and the WAG wannabe who would not take a hint

Workplace relationships, petites aventures and flirtation between employees are a headache that many employers have to suffer. The management of workplace romance has become increasingly difficult with staff working longer hours and social media often blurring the lines between the professional and personal lives of employees.    This issue was splashed across the press recently when … Continue Reading

When straight talking goes too far

In a recent post on this blog, “Words Fail Me, I’m a Manager,” David Whincup explored the use of euphemisms in the world of employment relations.  This is the world where managers, finding it difficult to look employees in the eye, choose email, or better still, text messages to communicate difficult messages, using such choice … Continue Reading

Additional Costs To Consider When Terminating Employees in China

As previously reported here, employers in China must consider several costs when making employment termination decisions.  In addition to severance pay as previously noted, employers should consider: accrued but unused statutory vacation days as well as compensation for non-compete obligations.  Accrued But Unused Statutory Vacation Days In China, employers are required to pay daily salary … Continue Reading

Costs to be Considered When Terminating Employees in China

Employers in China must consider the cost as well as the risk when making employment termination decisions.  So how does an employer determine cost of the termination?  One factor that employers must examine: severance pay. Severance Pay. One month salary in lieu of the notice: for certain termination grounds, such as non-performance, employers must give … Continue Reading
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