Australia: Breaking the chains – ACCC Review of non-compete and no-poach provisions in employment contracts

The Federal Government has recently passed some of the most extensive industrial relation reforms seen in Australia with the view to providing stronger protections for workers, improving job security and gender equity. Employers could soon be facing further changes, with the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh), suggesting the use … Read more

Australian Privacy Act Review Report: Key Takeaways for Employers

It is likely that changes will be made to the Employee Records Exemption. We explore what this could look like, plus additional proposals likely to impact employers. Australian employers are going to have to wait longer to fully understand how forthcoming changes to Australia’s privacy laws will impact them. Although the recently released Privacy Act … Read more

The Third Wheel Podcast Series: ESG in Australia Episode 26 – International Women’s Day with Stella

By Nerida Jessup and Natalie Gaspar In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable … Read more

UK: Court of Appeal confirms limits on implied contractual indemnity and employer duty of care in relation to loss caused to employee by third party

Employers will welcome the Court of Appeal decision in Benyatov v Credit Suisse (Securities) Europe Ltd confirming that, as a matter of law, there is no implied contractual indemnity on an employer covering an employee for all losses suffered during the performance of their duties.  Employees will generally be entitled to repayment of any costs … Read more

Asia Employment, Pensions and Incentives Update: February 2023

Our February update covers the following: We look at key updates across Mainland China – the new sentencing guidelines for discrimination-related offences against female employees in Beijing, the guiding case on workplace sexual harassment in Shanghai and the new parental and caretaking leave rules in Guangdong. Click here for the updates. Over in Singapore, the … Read more

Spain: Definitive approval for the Spanish Whistleblower Law

On 21 February, Spain’s Official State Journal, the BOE, published Law 2/2023, of 20 February, on the protection of persons who report regulatory breaches and to combat corruption, which will enter into effect on 13 March. The Whistleblower Law, (i) transposes into Spanish legislation Directive (EU) 2019/1937 of the European Parliament and of the Council … Read more

UK: refusal of flexible work request made while on leave could give rise to indirect discrimination claim even if revoked prior to the employee’s return to work

Employers should ensure they give careful consideration to flexible working requests made during maternity or other long-term leave, as a recent EAT decision highlights that an indirect discrimination claim could succeed (and potentially give rise to an award for injury to feelings) even if the refusal of a request is overturned before the employee returns … Read more

Australia: New shutdown rules for 78 modern awards

New changes to apply from May 2023 impact the way employers implement annual shutdowns The Fair Work Commission (FWC) has varied 78 modern awards as part of the Commission’s 4-yearly review of modern awards process by replacing existing shutdown clauses with a new model term. See the full list of varied awards at the bottom … Read more

Australia: Variation of the Professional Employees Award 2020

The Fair Work Commission (FWC) has determined to vary the Professional Employees Award 2020 (Award) to clarify its coverage and introduce entitlements to overtime payments and penalty rates for certain professional employees, whilst excluding employees who receive at least 25% or more in excess of the minimum award annual wage from the major impact of … Read more