Our July update covers the following: In the PRC Supreme People’s Court has published seven guiding employment cases which will be used as reference by people’s courts at all levels when trying similar cases. Click here to read a summary of those cases. In Indonesia, we take a look at guidance issued by the Directorate … Read more

The Supreme Court has upheld the decision of the Court of Appeal and EAT in Brazel v The Harper Trust that employers must calculate paid holiday entitlement for part-year (eg term-time only) workers on permanent contracts without pro-rating the full-time entitlement to reflect weeks not worked.  The Working Time Regulations (WTR) do not permit employers … Read more

Employers will welcome the decision of the Court of Appeal upholding the EAT’s decision in Kong v Gulf International Bank (summarised here).  Subject to any further appeal to the Supreme Court, the ruling confirms that an employer may be able to successfully defend a whistleblowing dismissal claim if it can show that its genuine reason … Read more

Those expecting the usual crop of government consultations on employment law reform to be rushed out before the summer recess will be disappointed this year; most of the ‘to do’ list (here) remains untouched, with just a few exceptions: The Government has finally published its response to the 2018 employment status consultation (which formed part … Read more

In a recent Hong Kong District Court decision Chow Kai Yan v Kingsway Cars T Service Ltd [2022] HKDC 165, the Court confirmed that an employee who suffered a stroke at work had not sustained an “injury by accident” which would entitle him to statutory compensation under the Employees’ Compensation Ordinance (Cap.282) (ECO). This case … Read more

Workplace Relations Minister Tony Burke has taken his first step to limit the Australian Building and Construction Commission (ABCC) by stripping its powers “to the bare legal minimum” and introducing an interim building code. Read more

Two cases this month illustrate the challenges employers face in relation to employees expressing or manifesting beliefs on sensitive topics which have the potential to upset or cause offence to colleagues.  Previous case law has established that the potential for offence will not prevent philosophical beliefs from being protected within the Equality Act, with the … Read more

This week, the Victorian Government released its response to the recommendations of the Ministerial Taskforce on Workplace Sexual Harassment. In its response, the Victorian Government has acknowledged that work-related gendered violence and workplace sexual harassment are OHS issues, and accepted 21 of the Taskforce’s 26 recommendations (either entirely, or in part or in principle). Read more