The employment tribunal ruled that a Christian actor was not discriminated against because of religion or belief when she was dismissed from the role of a lesbian character and her agency terminated her contract following a social media storm after an old Facebook post was discovered saying that she believed homosexuality to be a sin.
Artificial intelligence (AI) systems facilitate work, but harbor risks of liability, penalties, and reputational damage. If companies use AI, they are subject to a number of obligations; this is particularly true for the HR department. Thus, we recommend that HR managers insist on implementing the following basic principles when it comes to AI.
In an article published for Law360, Jon Tuck, Richard Cook, and Megan Clarkson Bowly discuss the implications of the Supreme Court’s decision in Mercer v. Alternative Futures Group, considering whether workers participating in industrial action are protected from action short of dismissal under the Trade Unions and Labour Relations (Consolidation) Act 1992.
Last year, the National Labor Relations Board (NLRB)’s General Counsel was relentless in overturning precedential decisions and standards impacting both unionized and non-unionized employers. The result was an overall employee-friendly shift to labor laws encouraging both unionization and concerted employee actions impacting working conditions. Key developments included restricting confidentiality and non-disparagement clauses in employee severance agreements, and attacking certain restrictions in noncompete agreements.
The amendments to the Occupational Safety and Health Act 1994 (OSHA) and the repeal of the Factories and Machinery Act 1967 (FMA) will come into effect on 1 June 2024.
The amendments introduce significant and wide-ranging changes to the OSHA (which incorporate provisions of the FMA). These changes include the introduction of new duties and obligations on employers and increased penalties for non-compliance.
A recent decision of the Hong Kong Court reaffirmed the robust approach taken by the Court in examining the enforceability of a noncompete clause in an employment context. The Court reiterates that it will not redraft a noncompete clause for the parties, nor would it imply a term in order to save a covenant restraining an employee’s post-termination conduct.
The Tripartite Alliance for Fair and Progressive Employment Practices has issued the mandatory Tripartite Guidelines on Flexible Work Arrangement Requests, which will come into effect on 1 December 2024, as announced by the Ministry of Manpower on 16 April 2024.
The Supreme Court has ruled that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) which does not prevent employers from taking action short of dismissal in response to striking employees is incompatible with Article 11 of the European Convention of Human Rights (ECHR). Although the declaration of incompatibility does not affect the validity or operation of section 146, it will put pressure on the government to legislate to correct the position, and employers are likely to be mindful of the decision when considering action short of dismissal in response to industrial action. Detriments for participation in industrial action, such as removing discretionary benefits from those who take part, currently remain lawful, so long as the detriments in question aren’t so severe as to constitute a constructive dismissal.
On 18 May 2024 (with certain exceptions), Law of Ukraine No. 3633-IX “On Amendments to Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilization and Military Registration” dated 11 April 2024 will come into force. This Law, among others, imposes certain new obligations for employers and their employees who are subject to mobilization.
Across jurisdictions, we see a rising trend towards more active ESG enforcement and litigation. In our The Year Ahead: Global Disputes Forecast 2024, nearly three-quarters (73%) of the respondents said that environmental, social and governance disputes presented as the top risks to their organizations in the coming year.
In this client alert, we provide a high-level overview of the key trends and developments in ESG enforcement and litigation in Singapore in three areas: greenwashing, employment law and anti-money laundering (AML).