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

Further to our previous updates, there have been two updates to the ACT and SA labour hire licensing (LHL) legislation that have passed Parliament recently, but have not yet commenced. The SA Parliament passed the Labour Hire Licensing (Miscellaneous) Amendment Act 2020 (the SA Act) which introduces significant changes to the LHL scheme in SA. … Read more

In the long awaited decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84, the Full Federal Court finds ‘casual’ WorkPac employee entitled to leave and holiday payments. Background Robert Rossato was employed by labour hire company WorkPac Pty Ltd (WorkPac) as a casual coal mining worker across companies within the Glencore Group from 28 … Read more

The following changes came into force in April: From 6 April 2020 employees are entitled to two weeks’ statutory parental bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.  There is also a right to statutory pay for those with 26 weeks’ service.  Employers will need … Read more

The Supreme Court has ruled in Barclays Bank plc v Various Claimants that employers will not be vicariously liable for the actions of a self-employed person whom they have engaged, if the individual is genuinely in business on their own account. It overruled the Court of Appeal and found that Barclays Bank was not vicariously … Read more

Our Asia Employment, Pensions and Incentives update this month looks at: our live webinar that discussed the continued impact of COVID-19 across the region and some of the challenges faced by businesses and organisations; In Indonesia, the proposals outlined in the draft Omnibus Bill on Job Creation, including among other things, widespread changes to termination … Read more

Further to our previous updates, there have been a number of recent developments to licensing schemes in Western Australia, South Australia and Victoria. Most notably: Victoria: The Victorian Labour Hire Authority has announced that where a completed application is submitted to the Authority before midnight on 31 December 2019 and there is no evidence of non-compliance, … Read more

An employment tribunal has ruled that ‘workers’, ie those who are not employed or self-employed but work under a contract personally to do work, qualify for protection under the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE implements the EU Acquired Rights Directive, which provides for the transfer of rights and obligations arising from … Read more