A demerit points system will be implemented under the controversial Administrative Adjudication of Road Traffic Offences Bill (AARTO) which could cause both drivers and owners of vehicles to be prohibited from driving altogether for traffic violations. AARTO has been sent to the President to be signed into law and will officially take effect on a date yet to be decided by the President. AARTO is geared toward changing driving behaviour and increasing safety on the…

Global Workplace Insider

L’obligation de tenter de réaffecter un employé incompétent dans un autre poste : une question de faits

By Andréane Giguère on June 12, 2019

Croyez-vous qu’il est suffisant pour un employeur québécois d’établir des politiques et de fixer des attentes claires à un employé; de lui signaler ses lacunes; de lui fournir le support nécessaire pour se corriger et atteindre ses objectifs; de lui octroyer un délai raisonnable pour s’ajuster; et de le prévenir du risque de congédiement à défaut d’amélioration de sa part afin de légalement procéder à un congédiement administratif en invoquant l’incompétence ou le rendement insuffisant…

Global Workplace Insider

Keeping your finger(print) on the pulse: Employer’s warned of the risks associated with the collection of biometric data

By Martin Osborne & Matt Wichlinski on June 11, 2019

The everyday use of biometric technology in contemporary society is nothing new. We live in a world where we regularly use fingerprint recognition for home security, facial recognition to open our phones and voice recognition to ask Siri to spice up a party by playing the latest Taylor Swift tune. Despite the significant advancements and prevalence of biometric technology in everyday society, the legality of the use of biometric fingerprint technology in the workplace has…

Global Workplace Insider

Sticks and stones may break my bones, but words can sometimes hurt you: Damages for defamation may attach to termination communications

By Chanelle Wong on June 11, 2019

In Booton v Synergy Plumbing and Heating Ltd., 2019 BCSC 276, an employee successfully sued his former employer for wrongful dismissal as well as defamation in relation to statements made by the employer regarding the reasons for his termination. Booton is a cautionary tale reminding employers to carefully consider how communications about the departure of an employee are worded. Facts Mr. Booton was a service manager at Synergy. Synergy had a “Side Jobs and…

Global Workplace Insider

UK Pensions: Are you sure you’re not a Professional Trustee?

By Sabrina English & Lesley Harrold on June 6, 2019

If you are a pension scheme trustee, there is a risk that you might be considered a professional trustee without realising, and be subject to new standards for professional trustees that were published earlier this year. A new system of accreditation for professional trustees is also being introduced. Am I a professional trustee? A professional trustee is defined by the Regulator as “any person, whether or not incorporated, who acts as a trustee of the…

Global Workplace Insider

Treatment of Gig Economy workers in Italy

By Attilio Pavone on May 31, 2019

With another summer approaching, the political and legislative debate concerning the need to update and/or clarify employment laws in Italy relating to Gig Economy workers (See Blog post of July 20 2018) is still hot. In 2018, six people who worked for a food delivery company claimed, before the Court of Turin, that they should be considered as “regular, subordinate employees.” The Court of Turin rejected their claims on the basis that their contractual…

Global Workplace Insider

Australian minimum wage to be increased by 3% to $19.49 per hour from 1 July 2019

By Jodie Kessler on May 29, 2019

The Fair Work Commission has determined to award Australian workers a 3% increase on minimum wages. In the Annual Wage Review Decision handed down today, the Fair Work Commission has determined that from 1 July 2019: The national minimum wage and modern award minimum wages are to be increased by 3%. The national minimum wage will be $740.80 per week (or $19.49 per hour). This gives workers an increase of $21.60 per week compared to…

Global Workplace Insider

New laws in force to prevent “sharp corporate practices” of employers in avoiding payment of employee entitlements

By David Cross & Norah Chafardet on May 29, 2019

The Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2019 (Act) received Royal Assent on 5 April 2019.[1] The Act amends Part 5.8A of the Corporations Act 2001 (Cth) (Corporations Act) to discourage the use of “sharp corporate practices” used by employers to avoid paying employee entitlements when their business enters winding up, including improper phoenix activity.[2] Under section 596AB of the Corporations Act, it was already an offence if a person entered…

Global Workplace Insider

Court holds that it’s not discriminatory to enhance pay during maternity leave, but to pay only statutory shared parental pay during shared parental leave.

By Claire Darbourne (UK) on May 29, 2019

In the UK, only female employees are eligible for statutory maternity leave. They are also eligible for statutory maternity pay at a fixed rate during such leave subject to certain conditions – and it is common for employers to pay enhanced maternity pay during periods of maternity leave. Whilst many employers do not pay enhanced paternity pay to those on paternity leave, it has long been accepted that paying enhanced maternity pay is defensible under…

Global Workplace Insider

The Balanced Labour Market Act (Wet arbeidsmarkt in balans: WAB) – expected to come into force January 1, 2020

By Maartje Govaert on May 28, 2019

Today the Dutch Senate voted in favour of the legislative proposal. The WAB is therefore likely to enter into force on 1 January 2020. The effect for employers The proposed changes to the current Dutch Labour and Employment Laws are expected to have an impact on many types of employment contracts. The main principle of the WAB is to make it more attractive for employers to hire employees on a permanent basis by reducing the…

Global Workplace Insider

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AARTO ‘Demerit Points’ System – Roadblock for South African Businesses?

L’obligation de tenter de réaffecter un employé incompétent dans un autre poste : une question de faits

Keeping your finger(print) on the pulse: Employer’s warned of the risks associated with the collection of biometric data

Sticks and stones may break my bones, but words can sometimes hurt you: Damages for defamation may attach to termination communications

UK Pensions: Are you sure you’re not a Professional Trustee?

Treatment of Gig Economy workers in Italy

Australian minimum wage to be increased by 3% to $19.49 per hour from 1 July 2019

New laws in force to prevent “sharp corporate practices” of employers in avoiding payment of employee entitlements

Court holds that it’s not discriminatory to enhance pay during maternity leave, but to pay only statutory shared parental pay during shared parental leave.

The Balanced Labour Market Act (Wet arbeidsmarkt in balans: WAB) – expected to come into force January 1, 2020

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