In a prior post in our German Workplace Harassment series, we discussed possible measures and sanctions employers may take against harassers in their company and some relevant court rulings. Today we would like to examine the question of compensation for harassment from the perspective of the victim.… Continue Reading
Oops. Just found an unanswered question left over from our investigations webinar and blog series earlier in the year. Apologies if it was yours. The question revolves around employer and investigator interactions with the Police where the subject matter of your workplace investigation is potentially criminal conduct, and is maybe best answered as a series … Continue Reading
News out this week that a committee of MPs is to look into workplace harassment, and in particular the use of confidentiality wording in settlement agreements arising from harassment allegations. Critics allege, says the BBC New Online, that such clauses are “abused by employers and legal experts to cover up wrongdoing” and used to “buy … Continue Reading
The UK Government is altering the tax treatment of some termination payments for exits taking effect on or after 6 April. These changes are the product of the HMRC’s grotesquely misnamed Simplification of the Tax and NI Treatment of Termination Payments consultation paper in August 2015. The worst excesses of this have come off in the … Continue Reading
Long-time Employment Tribunal practitioners will recall more or less fondly the days when every so often the Judge would suddenly send the parties out of the room mid-hearing and then lean towards one of the representatives and say incredulously “Come on, really?”. When it was said to the other side, that was absolutely the Overriding … Continue Reading
The Fair Work jurisdiction in Australia is generally considered a ‘no costs’ jurisdiction, meaning that even if a party is successful in an action, it is usually unable to obtain a costs order against the loser. However in 2012 the Fair Work Amendment Act 2012 (Cth) widened the exceptions to the ‘no costs’ rule by … Continue Reading
A number of cases this year have highlighted that even though the Australian Fair Work Act 2009 regime is generally a “no costs” jurisdiction (i.e. a win does not ordinarily result in an award of costs in the successful party’s favour), the unreasonable conduct of claims can come at a high price for applicants. Costs … Continue Reading
