As we discussed in our previous posts – see here and here – in April 2018, New York passed legislation intended to combat workplace sexual harassment. Under this new law, employers are required to implement and distribute to employees a written policy prohibiting sexual harassment by October 9, 2018. To assist employers in complying, in … Continue Reading
A useful little reminder from the Employment Appeal Tribunal last week that underneath all the practices and codes and assumptions which govern our conduct of HR matters, there is still The Law.… Continue Reading
Rochford – v – WNS Global Services is a small (9 page) but perfectly formed UK Court of Appeal decision around when you can stand on your principles in the face of discrimination by your employer and when it just gets you sacked. Mr Rochford had been absent for an extended time with a bad … Continue Reading
Akinwunmi – v – Brighton and Sussex University Hospitals NHS Trust is the perfect example of when employment law reaches the limits of its usefulness in HR practice. For a fuller description of the facts, see Chris Lynn’s blog. For our purposes, however, Dr Akinwunmi fell out with five of his neurosurgeon colleagues over alleged … Continue Reading
Where an employee is absent without leave, how long would it be before dismissal of that employee would be fair? Two weeks? One month? Six months? How about 20 months? That is the question that was faced by the employer in the recent case of Brighton & Sussex University Hospitals NHS Trust v (1) Akinwunmi … Continue Reading
In a closely-watched case, on July 3, 2017, the U.S. Court of Appeals for the Eighth Circuit refused to enforce a National Labor Relations Board (“NLRB” or “Board”) decision in which the Board found MikLin Enterprises, Inc. (“MikLin”), owner of 10 Jimmy John’s franchises in the Minneapolis, Minnesota area, violated the National Labor Relations Act … Continue Reading
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
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
If we assume that your asking an employee and his manager to try to mediate a falling-out between them is a reasonable management request, what rights do you have as employer if one of them refuses? This came up at the 1st February Civil Mediation Council seminar on introducing mediation as a proactive part of … Continue Reading
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
Williams, Turner and Stoker -v- The Whitbread Beer Company back in 1995 is one of my favourite Tribunal cases, the sad story of an employer trying to do something nice for its staff and being roundly punished for it. Whitbreads ran a staff seminar and laid on a free bar afterwards. As the evening wore … Continue Reading
In a recent case Cass. Soc. Sté Cegedim v. S, the French Labour Supreme Court upheld the decision of the Court of Appeal that an employee’s dismissal was void, on the ground that his freedom of expression had been violated. The employee had criticised the company’s management in an email sent to all his colleagues … Continue Reading
Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly and unthreatening as your favourite puppy. In fact, there are a … Continue Reading
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
With the new Pokémon Go app taking the world by storm, people all over Hong Kong are glued to their screens, zealously catching the little creatures we have loved since its creation in 1995. Numerous people walking the street, at their desks and maybe even sitting in Court are desperately trying to “catch ‘em all”. … Continue Reading
When it comes to explaining the importance of a new Employment Appeal Tribunal decision, there is nothing quite like a good story. However, the facts in McTigue -v- University Hospitals Bristol NHS Foundation Trust are rather dry and indeed nothing like a good story, so we shall settle instead for the (potentially really quite important) … Continue Reading
Do you know your Charmanders from your Bulbasaurs? Did you have a preferred method for catching Snorlax? Was your favourite move Hydro Pump? If you have any idea what I am talking about, excellent. If not, please be assured that I am reminiscing about the nineties/noughties phenomenon that was Pokémon and do not require the … Continue Reading
While lamenting the passing of sugary drinks, one of the two great loves of my life along with employment law, I came across something interesting which had nothing at all to do with Baron Osborne’s red briefcase. The Employment Appeal Tribunal had a far more crucial issue on its plate… the sickie. Employers across the … Continue Reading
Almost exactly two years ago we reported on the Court of Appeal’s decision in Mohamud – v – WM Morrisons Supermarkets. The Court found that Morrisons were not vicariously liable for a serious and unprovoked assault on Mr Mohamud by one of its employees in 2008. This was because there was not a sufficient connection between … Continue Reading
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
“Private Messages at Work can be Read by EU Employers” blared the BBC online yesterday in the sort of alarmist over-simplification normally best left to the Daily Mail. Mr Barbulescu worked for an unnamed business in Romania. He was instructed to set up a Yahoo Messenger account for business purposes only. The company’s rules made … Continue Reading
A particularly brutal little tale from the Employment Appeal Tribunal this month about what happens when you are sacked for deceiving your employer, bring an Employment Tribunal claim and then lie to the ET too. Mr G (not his real name, for reasons which will follow – his real name is Mr Roden, also for … Continue Reading
We have almost all been there at one time or another. You have a “large” weekend so when Monday morning forces its way through the curtains the last thing you want to do is drag your hungover bones into work and face the world. For most of us though, if you do decide to take … Continue Reading
On April 22, the Sixth Circuit Court of Appeals issued a decision that clarifies that, for purposes of Title VII retaliation cases, an employee’s demand that a supervisor stop his or her harassing conduct constitutes protected activity under the statute. Affirming the findings of several district courts in the circuit, the appeals court held that … Continue Reading
