In a previous article we discussed circumstances where an employer may seek damages against an employee who has engaged in serious misconduct or been seriously negligent at work. In the recent case of Xu Yi Jun v GF Capital (Hong Kong) Ltd [2020] HKCA 663, the Court of Appeal considered whether it is permissible for an employer to withhold … Read more

The Federal Treasury undertook a three-month review of the current JobKeeper scheme (Current Scheme) in June 2020. The review found that whilst the Current Scheme met its initial objectives to support businesses and job survival, the labour market remains weak in Australia and in need of further macroeconomic support. In light of the review’s findings, … Read more

The Full Bench of the Fair Work Commission (FWC) recently revisited the principles for determining whether an enterprise agreement passes the ‘better off overall test’ (BOOT) in relation to an enterprise agreements with ‘loaded rates’. In doing so they further emphasised the complex nature of the enterprise bargaining provisions in the Fair Work Act 2009 … Read more

Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision of the Industrial Court in Malaysia, which considered what amounts to sexual harassment, taking into account local culture and sensitivities; the legal issues regarding employers revoking offers of employment after they have been accepted in the PRC; a new Decree issued … Read more

Mondelez Australia Pty Ltd v AMWU [2020] HCA 29 In an eagerly anticipated decision, the High Court has decided that the entitlement to ’10 days’ of personal leave under the Fair Work Act 2009 (Cth) is a reference to the average of an employee’s ordinary hours of work over a two-week period, or 1/26th of … Read more

Victoria’s Stage 4 restrictions came into proper effect from 11:59pm, Wednesday 5 August 2020. Although the restrictions significantly impact a substantial number of businesses across metropolitan Melbourne, attempting to navigate the framework involves reviewing a myriad of sources, including formal directions, Department of Health and Human Services (DHHS) guidance material, supporting documents and materials. This … Read more

As the Coronavirus Job Retention Scheme (CJRS) begins to wind down through to 31 October 2020 with increasing levels of employer contribution, more employers are having to consider the issue of redundancies.  Two recent Government announcements will be key to these considerations: new regulations which came into force on 31 July 2020 have changed the … Read more

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