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
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
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
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
Back in 2014 we posted a piece on Moorthy –v- HMRC https://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
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
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
In May 2015 the Employment Rights Act was amended to include at Section 27A a provision which made unenforceable any requirement in a zero hours (ZH) contract that the worker could not work elsewhere or could do so only with the employer’s consent. But so what, really? Since many ZH staff are not employees, and … Continue Reading
So you’ve lost the unfair dismissal or discrimination claim against you and are now staring down the barrel of the Employment Tribunal’s jurisdiction to award compensation for the employee’s losses. Never mind, you think – he could easily and immediately have got another job at a pay rate sufficient to extinguish his losses, so the … Continue Reading
And so off to Wrexham for the sort of day trip to the Employment Tribunal which every A-Level Law teacher just dreads. Just remember, boys and girls, don’t try this at home. MBNA Limited held a 20th anniversary event at Chester Racecourse in November 2013. Staff were told that it was a work event and … Continue Reading
Cecil the Lion has become something of a household name since his expiry at the hands of Minnesotan dentist Walter Palmer last month, and Mr Palmer too has been reluctantly thrust into the media spotlight. But what do Mr Palmer, Mr Qadar (the Stockbroker who tweeted “Think I just hit a cyclist. But I’m late … Continue Reading
In Newbound –v- Thames Water the Court of Appeal has recently upheld the ruling of the Employment Tribunal that Mr Newbound had been unfairly dismissed for gross misconduct despite his breaching company health and safety rules. The case highlights the difficulties faced by employers trying to enforce compliance with new health and safety procedures, but … Continue Reading
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
Apologies in advance, as this will be a blog mostly focused on cricket. Not being a particularly ‘global’ sport, it may seem a little UK-centric. However, since I am writing partly about the slightly shambolic state of English cricket management, I imagine there may be some small Australian interest. You are welcome, Australia, don’t mention … Continue Reading
A recent decision of the Fair Work Commission (FWC) in Sydney, Australia has highlighted the risks of inter-office relationships, particularly between managers and their subordinates. The FWC upheld Westpac’s summary termination of a long-serving branch manager who had been romantically involved with one of his direct reports. The bank became aware of the relationship after … Continue Reading
In France notice of dismissal has to be given in writing, but it is not so simple as that. The signatory to the notice must also have the appropriate authority, and that is a much smaller population than you might think. This is not just an issue of form – getting this wrong can cost … Continue Reading
Time for a quick look at the Guidance issued by the Department of Work & Pensions on the new Fit for Work (FfW) Scheme https://www.gov.uk/government/collections/fit-for-work-guidance. There are two ways of looking at this. First, that the Guidance is a gallant attempt to explain in simple terms how this Scheme may (I use the word advisedly) … Continue Reading
You won’t be surprised to know that the word “poly” comes from the Greek word “polýs” which means ‘many’. But did you know that, earlier this year, the Federal Circuit Court of Australia in Bunning v Centacare [2015] FCCA 280 was faced with the question of whether an employee of a religious organisation could be … Continue Reading
From Lauren Kuley via Squire Patton Boggs’ Sixth Circuit Appellate Blog: On April 10, the Sixth Circuit issued a significant decision on telecommuting accommodations for disabled employees. In EEOC v. Ford Motor Co., a divided en banc Sixth Circuit affirmed summary judgment for Ford on claims brought under the Americans with Disabilities Act by the Equal Employment Opportunity … Continue Reading
Marshel Copple is a “Sun Worshipping Atheist” – a religion he created and of which he is the sole member. The core principles of Sun Worshipping Atheism, according to Mr. Copple, include: praying in the sun; taking natural fresh air daily; sleeping eight hours or more; eating and drinking when needed; frequent exercise; daily rest; … Continue Reading
In a sequel to our blog last year concerning Australian employers using expletives towards employees (click here), the Fair Work Commission was recently faced with the converse scenario, this time being asked to rule on whether an employer was entitled to summarily dismiss an employee who had inadvertently sent him a text message in which … Continue Reading
Some reassuring guidance for employers on the conduct of disciplinary investigations from the Court of Appeal last week – not new law but a clear and helpful analysis of just how far you have to go to investigate an employee’s defence. Mr Shrestha was employed by Genesis Housing Association as a support worker, a role … Continue Reading
According to a lawsuit filed on January 22 in Los Angeles Superior Court, a young Target employee who had Asperger’s Syndrome (a high-functioning form of autism) committed suicide three days after being paraded through the store in handcuffs and taken away in a police car, allegedly as part of a Target disciplinary policy known as … Continue Reading
Earlier this month, Democrats in the Arizona legislature introduced three measures that would significantly change the legal landscape for Arizona employers. While none of the bills are likely to be passed by the Republican-controlled Legislature or be signed by newly-elected Republican Governor Doug Ducey, the proposed laws nonetheless have gotten Arizona employers’ attention. Most recently, … Continue Reading
