On 6 June 2019, the Hong Kong Court of Final Appeal ruled that the Hong Kong Government could not deny spousal benefits to employees because they are in a same-sex marriage. The Court’s decision only applies to the provision of employee benefits to government employees, but it has increased local focus on discrimination based on … Read more
New provisions regulating workplace harassment and bullying set out in South Korea’s amended Labour Standards Act (the “LSA“) were recently implemented on 16 July 2019. Employers should ensure that their internal policies are in line with these changes. 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 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 House of Commons Women and Equalities Committee has today published its report following its inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases. This follows its report on sexual harassment, to which the Government responded in December 2018 announcing consultation on its own proposals to regulate NDAs (see here); the latest report … 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 Owen v AMEC Foster Wheeler Energy Ltd, the Court of Appeal has upheld the decision that an employee with multiple disabilities did not suffer direct disability discrimination when an offer of an overseas assignment was withdrawn, given that a medical assessment identified a high risk that he would require medical attention when overseas. The correct … 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
