Terms of employment contracts

Australia: Romero v Farstad Shipping saga – A reminder to get your approach to company policies right

There has been further development in the Romero v Farstad Shipping saga, with the Full Federal Court this week dismissing each of Ms Romero’s appeal grounds in relation to damages.1 The Court’s decision should signal the end of a drawn-out dispute between … Continue reading

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Filed under Jurisdiction: Australia, Terms of employment contracts

UK: Workplace loans – employers should make repayment terms clear and comprehensive

Employers should ensure that agreements providing employees with loans to pay for season tickets, equipment, training courses etc clearly state when the loan will be repayable. Where the loan is to be waived if the employee remains employed for a … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Termination of employment, Terms of employment contracts

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment, Terms of employment contracts

UK: Discretionary benefits – how absolute is an employer’s discretion?

It is tempting, when seeing the words ‘any bonus payment shall be at the company's absolute discretion’ in an employment contract to think that the employer's discretion will in fact be 'absolute'. As usual though, when the law is involved, … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Terms of employment contracts

Malaysia: Limit of liability for fixed-term contracts

In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1, the High Court in Malaysia ruled that, in an action for unfair dismissal, a fixed-term contract employee may only claim back wages in relation … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts

UK: Vicarious liability claims – employers may owe duty of care to employees in the conduct of the defence

The Court of Appeal has ruled that an employer (or, in this case, a quasi-employer, in the form of a Police Commissioner) being sued for vicarious liability for the actions of its employees may arguably owe a duty of care … Continue reading

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Filed under Jurisdiction: UK, Terms of employment contracts

Hong Kong: Which laws apply in cross-border employment?

The Macau Judicial Base Court recently held that Macau law (not Hong Kong law) governed an employment relationship between a Hong Kong citizen and his Hong Kong based employer, notwithstanding that the employment contract clearly stated that Hong Kong law … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Jurisdiction: Cross-border, Terms of employment contracts

Singapore: Compliance check – contract workers

The Singapore Ministry of Manpower has recently issued new guidelines in relation to contract workers as part of the drive to protect such workers from abuse. With a growing emphasis on such protection in Asia, employers should ensure that they … Continue reading

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Filed under Jurisdiction: Asia, Terms of employment contracts

UK: Staff handbooks – absence management procedure trigger was apt for incorporation; need to retain historic versions of electronic handbooks

Employers may wish to review their staff handbooks and, in particular, what is included in any section expressly stated to be contractual to the extent the terms are apt for incorporation. The fact that a procedure includes matters which are … Continue reading

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Filed under Jurisdiction: UK, Terms of employment contracts

Australia: Court of Appeal reconsiders summary dismissal clause in Bartlett v ANZ

In brief The Court of Appeal of New South Wales in Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30 has upheld an appeal by an employee for damages for breach of contract, finding that he was … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Terms of employment contracts