In Hughes v Hill, the Full Federal Court emphatically dismissed a solicitor’s appeal against a finding that he had sexually harassed a paralegal and against damages which he asserted were “manifestly excessive”. In doing so, the Court made it clear that the highest level of damages (both general and aggravated) will be available – and justified … Read more

The Victorian Government has responded to the second surge in Covid-19 cases, by expanding the existing notification duty on employers to now require notification to WorkSafe of cases of COVID-19 among their employees and contractors. Under the expanded definition of a notifiable incident, Victorian employers that become aware that an employee or an independent contractor … Read more

When ordinary and customary is not ordinary at all: Court rules that employees’ expectations are critical factor in determining redundancy pay entitlements Read more

The European Court of Justice’s recent ruling in Schrems II has invalidated the EU-US Privacy Shield, meaning that companies can no longer rely on this mechanism for transferring personal data (including employee data) from the EU to the US.  Companies transferring data to the US relying on the Privacy Shield (including transfers to a number … Read more

The Australian Government has announced that it will extend the JobKeeper Payment scheme until 28 March 2021, subject to modifications to tighten employer eligibility and a phased reduction in the JobKeeper payment rate. Employers should consider how these changes might impact their existing or future workforce management strategies. The JobKeeper Payment scheme has been extended … Read more

Last week, the Inquiry into the Victorian On-Demand Workforce released its report into the ‘on-demand’ workforce in the Victorian labour market (the Report). This inquiry was commissioned by the Victorian Government in 2018 following widespread concern over the wages and conditions offered to workers in the gig economy. Overall, the Report finds that that many … Read more

As we hit mid year, the employment landscape across Asia has started to move away from only focussing on Covid-19 related emergency measures. Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision in Malaysia in Ahmad Zahriv AIMS Cyberjaya Sdn BHd in relation to fixed term employment contracts; the restrictions … Read more

In Hong Kong, an occupier who fails to maintain the premises they control in a safe condition may be held liable for the injuries or damage suffered by a visitor. The duty of care owed by an occupier may overlap with an employers’ duty to protect the health and safety of their employees when employers … Read more