An employment tribunal has held that a claimant’s belief in ethical veganism that extended to taking positive action to reduce or prevent the suffering of animals, which included criminal conduct such as trespassing on private property to expose and remove suffering animals, was not a protected philosophical belief under the Equality Act 2010.
Under section 1916 of the Civil Code of Mexico City and the equivalent law in other states of the country, “moral damage” is defined as the profound alteration that a person suffers in their feelings, affections, beliefs, decorum, honor, reputation, private life, configuration and physical aspects, or to the regard in which they are held by others produced by an act, activity, conduct or illicit behavior. Employees may, in civil proceedings, sue a company for moral damages due to discriminatory treatment during the employment relationship or at the time of dismissal.
Since 3 June 2022, a draft of the Whistleblower Protection Act exists, which is supposed to implement the EU directive in Austria. The law is expected to enter into force in the third quarter of the year. After that, companies will still have room for practical implementation, but preparations should be started promptly.
Burnout in the workplace has become more widely recognized throughout the region. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees, to ensure employee retention and the long-term viability of the business.
Per a study recently developed by Gallup, 43% of the world’s workers are experiencing daily stress and are, therefore, at risk of developing burnout. However, it was only recently that the World Health Organization included it as an occupational disease, which means that companies must be even more prepared to address and manage burnout cases properly. Lack of policies and protocols may aggravate risks for lack of proper employee support. Furthermore, many Latin American countries have undergone complex legal changes, which in many cases resulted in new regulations to protect employees in these situations.
The government has announced that it is proposing to make changes to trade union law that will remove the current prohibition on businesses using temporary workers to cover staff taking part in industrial action. It has also announced that it plans to quadruple the maximum amount of damages that a court can award against a trade union for unlawful strike action from GBP 250,000 to GBP 1 million. These changes will need to be approved by Parliament.
On 23 June 2022, the Bundestag passed a bill to implement the Working Conditions Directive (EU) 2019/1152. This is intended to create transparency and predictability of working conditions and improve them overall. The law is expected to enter into force on 1 August 2022.
Please note that this event will be held in German only.
The June edition of the China employment law update includes developments such as measures to prevent social insurance fraud being formally implemented, new guidelines being issued on the handling of employment dispute arbitration and litigation, and guidance on employment disputes relating to pandemic control measures.
In a briefing published by Regulatory Intelligence, Annabel Mackay and Samantha Pickett explain the importance of cultivating an ethical culture from a financial regulatory, employment law and employee engagement perspective, and suggest how leaders can use communication strategies to do so.
The Employment Appeal Tribunal had upheld a decision of the employment tribunal that two companies within the same group had made unlawful inducements relating to collective bargaining under section 145B of the Trade Unions and Labour Relations (“Consolidation”) Act when it made direct offers of pay to its employees after it reached an impasse in negotiations with the recognised trade union. Although the tribunal’s decision pre-dated the Supreme Court’s decision in Kostal v. Dunkley, its findings were “presciently, so close in language to the test enunciated by the Supreme Court” that its conclusion was entirely consistent with the correct legal test as set out in Kostal.
The new Australian Government promises nearly AUD 1 billion in investments to Medicare and general practices as part of a number of policy commitments to healthcare and aged care initiatives.
On 21 May 2022, Australia elected a new federal government, the Australian Labor Party. As part of its campaign, the newly elected Federal Government committed to a number of healthcare and aged care policy initiatives with a strong focus on improving quality and access to primary care.