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In a keenly awaited judgement, the Australian High Court has ruled that a ‘casual’ employee is one who does not have a firm commitment to ongoing work, and that this will be assessed by reference to the terms of the employee’s contract. The High Court has now handed down its much-anticipated decision in the Rossato case. It has determined that the mine worker who brought the case…
The UK government has published its promised national disability strategy setting out various steps it will take to remove barriers faced by disabled people in their lives. This article looks at the main work-related measures. The background In the latest Family Resources Survey (2019/20), over 14 million people in the UK (one in five) reported a disability, which was an increase of 2.7 million since 2009 to…
Ius Laboris UK firm Lewis Silkin have surveyed employers on how they are responding to the lifting of lockdown restrictions: many are maintaining a cautious approach. This was a pulse survey carried out between 19 and 21 July involving 59 HR leaders and in-house counsel in a cross-section of businesses collectively employing over 400,000 employees. The survey confirms that employers are taking a cautious approach…
On 17 June 2021, a bill was passed in the Belgian Parliament to extend and ease bereavement leave in the event of the death of a partner or a child. The aim of this law is to allow sufficient time, in a medical sense, for a natural and normal grieving process. Death of a spouse, cohabiting partner or child From 25 July 2021, bereavement leave…
Widespread remote work as a result of the COVID-19 pandemic has led to new types of employment-related disputes. This round up of recent case law explores how some common issues relating to remote work have been treated by the…
Canada has introduced a new federal holiday: the National Day for Truth and Reconciliation, which will be observed on 30 September. On 3 June, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) (the ‘Act’), received royal assent. The provisions come into force on 3 August 2021. The…
The French Labour Ministry has published a new set of COVID-19 health and safety guidelines for employees. On 30 June, the Ministry of Labour put online a new version of the National Protocol for employee health and safety in the workplace in the context of the COVID-19 epidemic (download below). This version aims ‘to prepare the fourth step of the reopening strategy related to the…
The UK Court of Appeal has unanimously and emphatically rejected an appeal, based on novel human rights arguments, that Deliveroo riders were ‘workers’ for the purposes of the UK’s trade union recognition legislation. In November 2017, the Central Arbitration Committee (CAC) rejected an application from the Independent Workers Union of Great Britain (IWGB) for collective bargaining rights in respect of Deliveroo riders. The CAC ruled…
The UK Employment Appeal Tribunal has ruled that ‘gender critical’ beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in ‘gender identity’ is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs. Background to the case Maya Forstater was a consultant for CGD Europe, a not-for-profit…
The Irish government has announced more details of its mandatory sick pay scheme. The new law will give employees in Ireland a right to sick pay for the first time from 2022. Currently Ireland is one of three EU member states to have no sick pay at all. In its latest announcement, the Irish government confirmed that it has approved the drafting of the General Scheme of…