As we recently reported here, the new DIFC Employment Law (Employment Law, DIFC Law No. 2 of 2019) was enacted by His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai, on 30 May 2019. The new law will come into effect … Read more
In RE v Praxair MRC SAS the European Court of Justice has ruled that the calculation of compensation payments for dismissal and redeployment of an employee on a full-time contract, who was on part-time parental leave (as permitted under French law), must be carried out on the basis of the full-time salary. Calculating these payments based on … Read more
In Kuteh v Dartford and Gravesham NHS Trust the Court of Appeal has agreed that the human right to freedom of religion did not make it unfair for an employer to dismiss a nurse for improperly proselytising to patients and failing to follow a lawful management instruction to stop initiating conversations with patients about religion. … Read more
Managers hearing internal appeals should be reminded of the importance of taking into account any new information or evidence that comes to light after an initial decision to dismiss but before the appeal hearing, particularly where that information relates to being disabled. This could mean adjourning to obtain medical evidence where appropriate. In Baldeh v … Read more
In Jeremy Lee v Superior Wood Pty Ltd,[1] the Full Bench of the Fair Work Commission (FWC) considered the lawfulness of an employer directing an employee to provide their biometric data. In this case, Mr Lee objected to his employer’s direction to use a fingerprint scanner to sign in and out of his work site, … Read more
Employers can suffer significant financial and reputational damage from the actions of their employees. While dismissal with or without notice is the most common recourse for serious misconduct or negligence, increasingly employers are looking to take stronger action by recovering their losses from employees guilty of wrongdoing. An employer did just that in a recent … Read more
The recent tribunal case of Fotheringhame v Barclays Services Ltd highlights the risk of an employee obtaining a re-engagement order following a successful unfair dismissal claim, even where there has been some contributory fault on the part of the employee. It also serves as a reminder that, where a re-engagement order is made, the financial … Read more
Final regulations were approved on 28th March increasing the penalty for aggravated breaches of employment rights from £5,000 to £20,000, with effect from 6 April 2019. These regulations also provide for two other changes to come into force from 6 April 2020: the extension of the right to a written statement to ‘workers’, and the … Read more
