Employment & Benefits updates

Australia

Contributed by Lander & Rogers
Freedom of expression versus work obligations
  • Australia
  • 16 October 2019

The Federal Court recently upheld an employee's dismissal, which had occurred after he criticised his law firm's clients in an opinion piece in two newspapers. While the court's decision is not a green light for employers to terminate employees who express political views, it is a reminder for employers and employees that a failure to follow a lawful and reasonable direction may justify termination of employment (depending on the circumstances of the case).


Brazil

Contributed by CGM Advogados
Outsourcing: a new paradigm
  • Brazil
  • 16 October 2019

In a recent decision, the Supreme Court addressed an important question relating to the day-to-day activities of companies operating in Brazil: is the outsourcing of services allowed without restriction or should it be limited to non-core business activities, as set out by Precedent 331 of the Superior Labour Court? This decision is relevant because it will affect the standards adopted by the Brazilian labour courts in relation to outsourcing.


Canada

Contributed by Fasken
Thirty-month notice of termination ruling overturned
  • Canada
  • 16 October 2019

The Ontario Court of Appeal recently reaffirmed that the upper limit for reasonable notice remains 24 months, absent exceptional circumstances. This decision is a reminder of the importance of well-drafted employment contracts, particularly with regard to an employee's entitlements on termination.


Denmark

Contributed by Norrbom Vinding
Supreme Court overturns dismissal based on employee's covert recording of conversation with employer
  • Denmark
  • 16 October 2019

The Supreme Court recently held that an employer had been unjustified to summarily dismiss an employee with retroactive effect after discovering that he had covertly recorded a conversation with his manager. The court had to decide whether the employee's secret audio recording could be regarded as a material breach of the employment relationship and justify summary dismissal.


United Kingdom

Contributed by Lewis Silkin
Class discrimination and the workplace: TUC proposes new laws
  • United Kingdom
  • 16 October 2019

The Trades Union Congress (TUC) recently published its recommendations for eliminating class-based bias in society. Its report points to a number of statistics demonstrating that working-class individuals suffer disadvantage in the employment sphere. As such, the TUC has proposed (among other things) the introduction of compulsory class pay gap reporting for all employers.


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