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Clayton Utz | Australia | 31 Aug 2023
"You can't say that!" Testing the boundaries of non-disparagement clauses
The enforceability of non-disparagement clauses invariably depends on their construction, practical effect, the alleged breach, and the legitimate…
Barry Fisher | Canada | 27 Jul 2023
No Warnings Means No Just Cause:
In Cumberland v Maritime College of Forest Technology ( 2023 NBKB 065) Justice DeWare awarded a 7 year, 52 year old, Academic Instructor, a 7 month…
Cozen O'Connor | USA | 31 May 2023
Order’s Up: No Spoliation Sanctions for Cook’s Failure to Back-up Stolen iPhone - Case Law Update
A recent decision declined to find the requisite “intent to deprive” that would merit sanctions under Rule 37(e) when a plaintiff was unable to…
Lexology PRO | Albania, Asia-Pacific, Australia, etc. | 27 Mar 2023
Employment: key updates and developments (21 – 27 Mar)
Amazon cuts 9,000 more jobs, UK businesses prepare for min wage increases as of 1 April, and Thailand formally recognises home working – plus other key updates.
Lewis Silkin LLP | United Kingdom | 22 Feb 2023
Draft code of practice restricts "fire and rehire"
The government has published a new draft code of practice which warns that "fire and rehire" should only be used to change employees' terms and conditions as "a last resort" and urges employers to first engage in thorough and open information and consultation processes. The code underscores the existing sensitivity over the practice and will likely further increase the scrutiny – and......
Lexology PRO | Africa, Asia-Pacific, Australia, etc. | 16 Jan 2023
Employment: key updates and developments (10 – 16 Jan)
The UK’s “anti-strike” law passes its second reading, the US EEOC publishes its draft 2023-2027 enforcement priorities, and Australia provides paid leave for domestic violence victims – plus other key updates.
CMS Legal | Africa, Algeria, Asia-Pacific, etc. | 20 Oct 2022
When you need to say goodbye don’t say hello to a new set of problems.
Terminating an employee’s contract - for whatever reason - is always a challenging task and one that needs to be handled carefully and sensitively…
CMS Albiñana & Suárez de Lezo | Spain | 12 Oct 2022
Can a recording of a conversation be used as evidence in an appeal against an employee's dismissal?
🕑 2 minutes In a recent judgment, the Supreme Court examined whether sound recording evidence could be used to support a review of proven facts in an appeal. The case concerned an employee who had been dismissed for having failed her probation. The employee claimed that the dismissal constituted a reprisal by the employer for a dispute she had had over her salary. The sound recording in......
Lexology PRO | Australia, Canada, European Union, etc. | 5 Oct 2022
Employment: key updates and developments (27 Sep – 4 Oct)
Australia introduces an anti-discrimination bill into parliament, California expands its existing pay transparency laws, and new obligations for employers in Sweden take effect – plus other key updates.
CMS Albiñana & Suárez de Lezo | Spain | 28 Sep 2022
Court confirms dismissal of lorry driver who used company card to buy diesel for personal use
In a recent judgment, the High Court of Justice of Castilla-La Mancha confirmed the dismissal of a lorry driver who had used his company card to pay for diesel for his personal use. The Court considered the disciplinary dismissal to be proportionate, as there was no evidence to suggest that his actions deserved a less severe punishment. The Court, therefore, justified the dismissal and......
