Tag Archives: notice

Thailand: Proposed Amendments to the Labour Protection Act

On 21 September 2018, the Minister of Labour announced the National Legislative Assembly’s (“NLA“) in principle approval of the draft amendment (“Draft Amendment“) to the Labour Protection Act B.E. 2541 (1998) (“Act“). Key changes and implications for employers are discussed … Continue reading

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Filed under Business sales/transfers, Jurisdiction: Asia, Terms of employment contracts, Workplace flexibility and family-friendly rights

Asia Employment, Pensions and Incentives Update

Authors: Fatim Jumabhoy, Partner, Singapore, Rebecca Lim, Associate, Singapore, Tess Lumsdaine, Senior Associate, Hong Kong Our penultimate e-bulletin of the year, looks at some interesting developments across the region.

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans), Terms of employment contracts, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: Termination payments – changes to tax treatment from 6 April 2018

Employers currently contemplating or negotiating termination agreements should be aware of changes to the tax regime which will apply for the 2018-19 tax year onwards. The expectation was that these will apply to payments received from 6 April 2018, although … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – for contractual claims, notice of termination takes effect on actual personal receipt (in absence of express provision)

Employers wanting certainty as to the date of termination for contractual purposes should ensure that the employment contract specifies when notice is deemed to be given or, if it does not, that they hand over notice in person to the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment, Terms of employment contracts

UK: Discipline – gross negligence can be gross misconduct justifying dismissal without notice in some circumstances

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails to uphold a key policy of the employer.

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Filed under Jurisdiction: UK, Termination of employment

Australia: WAIRC Full Bench declines to imply term of ‘reasonable notice’ in employment contracts

In the recent decision of Richards v Nicoletti [2016] WAIRC 00941, the WAIRC Full Bench has determined that there is no scope to imply a term of reasonable notice of termination in employment contracts. The applicant, Mr Richards, was a … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment

Australia: Reasonable notice update

A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into an employment agreement because of the application of the statutory minimum period of notice … Continue reading

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Filed under Jurisdiction: Australia, Redundancy, Termination of employment

UK: Termination – employees can be held to notice period and need not be paid if they refuse to work

The Court of Appeal has upheld a High Court ruling that, if an employee leaves without giving contractual notice (save in constructive dismissal circumstances), the employer has a choice whether to accept the breach as ending the contract, or to … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – employees can be held to notice period and need not be paid if they refuse to work

Last year the Supreme Court ruled that, where an employer dismisses an employee with immediate effect in breach of the employment contract, the employee can choose whether to accept this breach as bringing the contract to an end or to … Continue reading

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Filed under Jurisdiction: UK, Termination of employment