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Happy New Year! Hopefully 2021 is a brighter and better one for all. Our first Asia Employment, Pensions and Incentives update of 2021 covers: the recent Supreme Court decision in Thailand, that found that forwarding confidential work documents to a personal email account amounted to disclosure, even though there was no evidence that the documents … Read more
The High Court judgment in Quilter Private Client Advisers Limited v Falconer highlights the risk that a short notice period, including during a probationary period, can undermine an employer’s argument that restrictive covenants should be held enforceable on the basis they are necessary to protect confidential information or customer connections. The judgment also provides some … Read more
Currently interim relief is only available where an employee alleges that the principal reason for their dismissal is whistleblowing, trade union membership or certain employee representative activities; it is not available in discrimination cases – yet. If a tribunal decides that the employee’s claim is ‘likely to succeed’ (ie, has more than just a reasonable … Read more
Businesses hiring agency workers must provide them with the same information about relevant vacancies as direct employees, but do not have to allow agency workers to apply for those vacancies on the same terms. The Agency Workers Regulations 2010 give agency workers a right, from day one of an assignment, to be informed by the … Read more
The Court of Appeal reconsiders the CFI’s power to grant damages for breach of whistleblowing protections. Last April, we reported on the judgment of the Court of First Instance (“CFI“) of the Dubai International Financial Centre (“DIFC”) in the case of Bassam Khalifa v S.W.I.F.T (Dubai) Limited (the “CFI Decision”). The CFI Decision indicated that the CFI has the power … Read more
On 1 July 2019, the amended form of Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act), which sought to provide whistleblowers with greater protection than its predecessor, came into force. These amendments also repealed the specific whistleblowing protections in the Banking Act 1959 (Cth), Insurance Act 1973 (Cth), Life Insurance Act 1995 (Cth) … Read more
It’s the final Asia EPI e-bulletin of the year, and what a year it has been! Our Asia Employment, Pensions and Incentives update this month covers: the recent Court of Appeal judgment in Singapore, which considers what amounts to confidential information and what a business must show to claim damages for a breach; the changes … Read more
In our latest podcast, our Employment and IR team reviewed some of the interesting aspects in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, following its release last week. We discuss the media reaction to date, the union demerger proposal, the impact of the changes to casual employees, criminal sanctions for … Read more
Employers have had to respond to continual changes to Covid-19-related rules and guidance over the last year, and the last month has been no exception. Of course the biggest change has been the end of the national lockdown in England and the introduction of a revised tier system from 2 December 2020, but employers also … Read more
