Tag Archives: harassment

UK: employers should review sexual harassment policies and staff training

The continuing media focus on sexual harassment claims has highlighted an issue which poses a significant challenge for all employers, to ensure there is clarity over what behaviours are unacceptable and that employees both feel safe to report concerns and … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

APAC: Workplace Harassment

The daily allegations of harassment in the press and social media campaigns highlighting the prevalence of harassment around the world should prompt business leaders and HR teams to ensure that they understand their obligations and review whether their internal processes … Continue reading

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Filed under Jurisdiction: Asia, Jurisdiction: Australia, Workplace culture, diversity and discrimination (including bullying and harassment)

Asia: Mandatory Employment Policies

HR practitioners will be aware that work rules are mandatory in certain jurisdictions in Asia once an employer reaches a specified number of employees. However, an often-overlooked area is whether employers must or should establish other types of employment-related policies … Continue reading

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Filed under Data protection and privacy, Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia

Hong Kong: Damages for injury to feelings and exemplary damages

As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a result of the alleged wrongdoing. In some cases, however, an employee may also be able … Continue reading

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Filed under Jurisdiction: Asia, Workplace culture, diversity and discrimination (including bullying and harassment)

New Zealand: Fair and reasonable dismissals

The New Zealand Court of Appeal has ruled on the standard for employers in justifying dismissal decisions, finding it requires an overall assessment of whether the decision was fair and reasonable in the circumstances. In A Ltd v H [2016] … Continue reading

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Filed under Jurisdiction: Asia

Hong Kong: Consultation on standard working hours proposals and recommendations for discrimination law reform

The Standard Working Hours Committee has released a discussion paper for public comment on policy options for regulating working hours in Hong Kong. Currently, there is no statutory restriction on the number of working hours for employers aged 18 years … Continue reading

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Filed under Jurisdiction: Asia, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Harassment – potential liability for damages to indirect victim

An employer could be vicariously liable under the Protection from Harassment Act 1997 for harm caused by an employee harassing a colleague, including harm foreseeably and directly caused to another person; this could be a spouse living at the same … Continue reading

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Filed under Jurisdiction: UK

UK: TUPE – impact of transfer on time limit for harassment claim

A transferee may face claims for pre-transfer harassment lodged more than three months after the transfer where the perpetrator continues to harass post-transfer, even where the perpetrator does not transfer to the transferee (but continues to have a working relationship … Continue reading

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Filed under Business sales/transfers, Jurisdiction: UK

Japan: Record pay out for power harassment and overwork claim

On 4 November 2014, the Tokyo District Court awarded JPY 58 million to the aggrieved family members of a young employee who committed suicide. The Court found that the suicide was caused by power harassment and overworking. This is one … Continue reading

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Filed under Jurisdiction: Asia, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety