UK: unionised employers can make direct offer of new terms to workers provided the collective bargaining process has been exhausted

The Supreme Court has ruled that a unionised employer’s direct offer of new terms to workers will not be an unlawful inducement to opt out of collective bargaining, provided the collective bargaining process has been exhausted. In Kostal UK Ltd v Dunkley the employer made two separate offers directly to workers after its offer had been … Read more

South Africa: remote working issues for employers

Auditing, advisory and tax services firm PwC recently announced that 40,000 client services employees based in the US would be permitted to work virtually and live in any location in perpetuity. Those in support staff roles such as human resources and legal operations were given the option to work virtually on a full-time basis some … Read more

HONG KONG: ARE PAID NON-COMPETE PERIODS WORTH THE EXPENSE?

In a recent decision of the Hong Kong High Court, a six month non-compete restriction was upheld against an employee. One way that this decision differs from other recent cases, was that the employee was entitled to receive his usual salary for the entire non-compete period. In considering the balance of convenience, not only did … Read more

Australia: Technology in the Workplace – Friend or Foe?

The changes that have been thrust upon employers as a result of the Covid-19 pandemic, and the speed with which employers have adapted to them, have undeniably transformed the world of work. Technology has been at the core of much of this. It seems hard to fathom now, but 18 months ago many of us … Read more

Australia: Metes and bounds: Court confirms critical nature of employment contracts and industrial instruments when assessing entitlement to redundancy pay and employees’ expectations of ongoing employment

In the Delta FM decision, the Court confirmed the central importance of the relevant terms of an employee’s contract of employment and industrial instruments in determining whether the employee had a reasonable expectation of ongoing employment, as part of assessing their entitlement to redundancy pay. We previously published an article on the decision of the … Read more

Hong Kong HR Investigation Insights: suspension or administrative leave?

Where there is an ongoing investigation into the alleged misconduct of an employee, the employer wish to suspend an employee’s duties until the investigation is concluded. In Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance (“CFI”) clarified the scope of an employer’s right under the Employment Ordinance … Read more

Asia Employment, Pensions and Incentives Update – May 2021

This month our update covers: the PRC’s new regulations for Financial Holding Companies, and the need to exercise control over the appointment and management of directors, supervisors and senior managers – here. Our Hong Kong update considers the safety landscape and in particular the protections afforded to ill and injured workers. India’s labour reforms: the … Read more