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
The Labour Hire Licensing Act 2017 (SA) will continue to operate, and will be enforced from 1 September 2019. CBS will recommence accepting applications for labour hire licences from 14 June 2019. All labour providers operating in South Australia must lodge their application by 31 August 2019. As you may recall from previous updates, the … Read more
The vexed issue of how to calculate statutory holiday pay (in respect of the 4 weeks’ EU-derived statutory entitlement) has finally been considered by the Court of Appeal in Flowers v East of England Ambulance Trust. While much of the judgment concerns the correct interpretation of the contractual right to holiday pay (which was held to … Read more
The ECJ has followed the Opinion of EU Advocate General Pitruzzella in ruling that, under the EU Charter of Fundamental Rights and the EU Working Time Directive, member states must require employers to set up an “objective, reliable and accessible” system for recording the actual number and distribution of hours worked by individual workers each … Read more
Employers could be liable for a significant compensation award if their refusal to allow a worker to take rest breaks causes personal injury. The EAT has ruled that compensation can be awarded for personal injury suffered as a result of being denied rest breaks as required by the Working Time Regulations, where the denial caused … Read more
Where an employee is a ‘special case’ worker (such as certain rail transport workers) entitled to equivalent compensatory rest rather than the core right to a 20 minute break after 6 hours, that rest need not be an uninterrupted 20 minute break provided it has the same value in terms of contributing to wellbeing. In … Read more
Comments made in an ECJ judgment on a German working time case have raised doubts as to the correctness of the UK Employment Appeal Tribunal’s rulings that pay during the 4 weeks EU-derived statutory holiday must include an amount for voluntary overtime (if sufficiently regular and paid over a sufficient period). In Hein v Albert … Read more
On Monday 17 December 2018, the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amending Regulation) was registered and took effect from 18 December 2018. The Amending Regulation amends the Fair Work Regulations 2009 (Cth). The Amending Regulation is intended to apply where an employee has mistakenly been classified as a casual employee and … Read more
