The District Court in Hum Matthew Ta v Allied Way Security Management Limited [2024] HKDC 134 recently dismissed an employee’s claim for wrongful dismissal against his former employer. The employee claimed that his employment had been terminated and, on that basis, decided not to return to work. The Court found that the employer did not
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INDONESIA: KEY EMPLOYMENT ISSUES WHEN HIRING AN EMPLOYEE WITHOUT A LOCAL ENTITY
It is theoretically possible for a foreign entity to engage an employee to perform work in Indonesia. While the employment will generally be subject to employment laws in Indonesia, the specific circumstances of the engagement will determine that. This update sets out the key employment issues to consider.
Whether Indonesian employment law applies to the…
UK: failure to contact Acas before proposing dismissal and re-engagement will be breach of statutory code under revised draft
The Government has published a revised draft of its proposed statutory code on dismissal and re-engagement, following consultation on an earlier draft last year. It now awaits parliamentary approval, and the Government expects to bring it into force ‘later in the Summer’. The draft has been extensively re-ordered and duplication removed in response to criticism…
Australia: Scrutinising the gaps – WGEA publishes private sector gender pay gaps
Recently, for the first time in Australia, the Workplace Gender Equality Agency (WGEA) revealed the gender pay gaps of nearly 5,000 individual private sector employers in Australia. The WGEA has used that data to publish its Employer Gender Pay Gaps Snapshot.
The data, which covers the Gender Equality Reporting period from 1 April 2022 –…
UK: Court of Session rules that settlement agreements can waive unknown future claims
In a judgment which will be highly persuasive for English tribunals, the Inner House of the Court of Session has overturned a Scottish EAT decision and ruled that it is possible for a settlement agreement to waive future statutory employment rights claims which are unknown to both parties at the time of entering into the…
UK: flexible work requests – tribunal accepts that limitations of technology may mean some roles are performed better in person
A tribunal has ruled that the FCA’s refusal of a senior manager’s request to work entirely from home, on the basis that this would have a detrimental impact on the quality and performance of her work (one of the eight acceptable statutory reasons), was not ‘based on incorrect facts’ and so was not in breach…
UK: external job applicants cannot claim whistleblowing detriment
In welcome news for employers, the EAT has ruled in Sullivan v Isle of White Council that external job applicants cannot bring a whistleblowing detriment claim against a prospective employer (other than the NHS, which is expressly covered to protect patient safety).
The claimant had sought to argue that the European Convention of Human Rights’…
Employment Espresso Pods: Looking Ahead: Part 3 – Potential Employment Law Proposals from the Labour Party
In the third and final part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its…
UK: French Regulator’s €32 million fine against Amazon France Logistique demonstrates the high bar for justifying intrusive monitoring of employees
Background:
Amazon France Logistique (“AFL“), a subsidiary of Amazon EU SARL, is responsible for managing Amazon’s large French distribution centres (where parcels are received, stored and prepared for delivery).
Employees in AFL warehouses were required to use individual scanners, which continually collect data on (i) how quickly items are scanned and (ii) how much downtime…
Asia Employment, Pensions and Incentives Update: January 2024
Happy New Year and Gong Xi Fa Cai to all our clients. We hope you enjoyed a delightful Christmas and New Year’s break, and are eagerly anticipating the upcoming Chinese New Year celebrations.
To kick off our first e-bulletin of the year, the Malaysian Court of Appeal recently ruled that a director, despite their title…