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), we will discuss: Business Immigration – An update on recent changes affecting the employment of foreign … Continue Reading
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
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
Squire Patton Boggs presents a webinar to discuss recent changes and trends in the employment landscape in Asia that have or will have a significant impact on the cost of doing business in the region. On 24 May 2017 at 8 a.m. GMT (9 a.m. BST (UK), 10 a.m. CEST, 4 p.m. SGT) Julia Yeo, … Continue Reading
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
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
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
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
For some time, the majority of married women working part-time in Japan have brought home annual pay of less than 1 million yen (around USD 9,150 at today’s exchange rates). This is largely the result of tax and compensation policies: At an annual income of 1.03 million yen, a part-time employee becomes subject to income tax, … 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
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
Ignorance may not be bliss for company directors who seek to hide behind the corporate veil. A recent decision in the Federal Circuit Court has notably held that a company director can be found personally liable for breaches committed by a company by virtue of section 550 of the Fair Work Act 2009 (Cth) (FWA). … Continue Reading
The election promises of Australia’s two major political parties may have few synergies, but one thing they both agree on is that Australia must do more to attract entrepreneurial talent to its shores. To this end, both parties have pledged to introduce a new entrepreneur visa if elected. Information about the criteria of each of … Continue Reading
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
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
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
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
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
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
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
A recent decision by the Full Federal Court upheld a FIFO worker’s workers’ compensation claim, finding that a pub brawl outside the local tavern occurred in the “course of his employment”. Mr Westrupp worked a 2 week on/2 week off roster for BIS Industries Ltd (BIS) in Leinster, a remote mining town in Western Australia. … Continue Reading
Squire Patton Boggs presents a series of webinars focussing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Presented 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
