The European Court of Human Rights has ruled in Herbai v Hungary that the European Convention Article 10 right of freedom of expression can protect opinions which are on matters of interest only to specific professions. It is not limited to comments that demonstrably contribute to debate on matters of public interest. The Court held … Read more
A recent Supreme Court decision highlights the importance of a thorough investigation of the purported grounds for dismissing an employee, particularly if there could be reasons why a line manager might have engineered the grounds. The Court ruled in Royal Mail Group v Jhuti that, if a person in the hierarchy of responsibility above an … Read more
The Abu Dhabi Global Market (“ADGM”) has issued new employment regulations (the “New Regulations”), which will come into effect on 1 January 2020 and repeal the existing 2015 employment regulations (the “2015 Regulations”). The New Regulations can be read in full here. This follows hot on the heels of the introduction of a new employment … Read more
This month’s update looks at: the rise of “patahara” (paternity related harassment) in Japan, in particular the most recent legal challenge considering this issue; in Singapore, the Government’s upcoming plans to increase the retirement age and re-employment age and what employers need to do to prepare; the Indonesian government’s proposal to reform the existing labour … Read more
The Grand Chamber of the European Court of Human Rights has ruled that the dismissal of employees based on evidence of workplace theft obtained through covert CCTV was justified and did not involve a breach of the employees’ right to privacy under Article 8 of the European Convention on Human Rights. (López Ribalda v Spain) … Read more
The October monthly update looks at: in Singapore, the upcoming changes to compensation limit increases in the Work Injury Compensation Act; a recent regulation that widens the number of available positions that expatriate workers can hold in Indonesia; a Hong Kong District Court decision that considered whether conduct justifying summary dismissal can act as a … Read more
In May 2019, a draft amendment to the current Vietnamese labour code (the “Draft No 2“) was submitted to the National Assembly, pending approval in November 2019. If passed, the Draft No 2 would replace the current Labour Code No 10/2012/QH13 (the “Labour Code“). Major changes proposed in the Draft No 2 are explained below. Read more
As we recently published here, the Dubai International Financial Centre (“DIFC“) has announced plans to replace its end of service gratuity (“ESG“) scheme with a defined contribution scheme known as the DIFC Employee Workplace Savings (“DEWS“) Trust scheme, which is set to come into force from 1 January 2020. Read more
The Employment Appeal Tribunal has ruled that covert recording by an employee will not always be a breach of the implied duty of trust and confidence. It will normally amount to misconduct, but will not automatically be gross misconduct justifying dismissal. Relevant factors will include the purpose of the recording, which “may vary widely from … Read more
