Australia: Variation of the Professional Employees Award 2020

The Fair Work Commission (FWC) has determined to vary the Professional Employees Award 2020 (Award) to clarify its coverage and introduce entitlements to overtime payments and penalty rates for certain professional employees, whilst excluding employees who receive at least 25% or more in excess of the minimum award annual wage from the major impact of … Read more

Asia Employment, Pensions and Incentives Update: January 2023

Our January update covers the following: We look at the changes in immigration policies as Mainland China downgraded COVID-19 from a Class A to a Class B infection with effect from 8 January 2023. Click here for a summary of the changes. We also continue to receive queries arising out of the new COVID-19 rules … Read more

UK: ‘without prejudice’ protection may apply to exit discussions in response to a grievance

The EAT ruling in Garrod v Riverstone Management Ltd provides welcome reassurance that an employer can initiate ‘without prejudice’ discussions offering a possible consensual termination where an employee has raised a grievance clearly indicating potential legal claims. ‘Without prejudice’ protection can only apply to communications which are a genuine attempt to settle an ‘existing dispute’.  … Read more

UK: Court of Appeal rules on Covid-related automatic unfair dismissal claim

Employees can claim automatic unfair dismissal (from day one of employment) where they are dismissed because they left or refused to return to work in circumstances of danger which they reasonably believed to be serious and imminent, and which they could not reasonably have been expected to avert.  In its first Covid-related dismissal case, Rodgers … Read more