Flexible work arrangements (FWA) have become increasingly common in recent years, in part due to the COVID-19 pandemic requiring most workers to work from home. Many employees and jobseekers now expect employers to offer flexible work arrangements; it was recently reported that 1 in 2 Singapore workers would quit their job if asked to work from the office more often[1]. Against this backdrop, the Singapore Ministry of Manpower (MOM) recently announced on 16 April 2024 that a new set of “mandatory” guidelines targeting FWA requests will come into effect on 1 December 2024. As summarised below ..read more

In a January 2024 judgment the Labour Court reaffirmed the principles pertaining to the doctrine of common purpose in relation to violent acts committed by groups of employees during strike action. In November 2018, about 2500 employees of a pharmaceutical retailer embarked on a protected strike which was subject to picketing rules.  Following non-compliance with the picketing rules, the employer successfully obtained two court orders, the first of which interdicted the employees from committing further acts of violence and intimidation, and the second of which suspended the picketing rul ..read more

This article was co-authored with Anastasia Gravas and Yasmine Sahihi. On 23 April 2024, the United States Federal Trade Commission (FTC) voted to ban non-compete clauses, which prevent a worker from seeking or accepting new employment within an industry after the termination of their employment. The ruling, while already subject to legal challenge, stands as one of the most expansive measures taken by a growing list of international jurisdictions that have moved to restrict the use of non-compete clauses. A legal update on the FTC ban written by our US colleagues can be accessed here. Th ..read more

Le 19 avril dernier, la Cour suprême du Canada a rendu une décision fort attendue en matière de syndicalisation des cadres. Dans l’arrêt Société des casinos du Québec inc. c. Association des cadres de la Société des casinos du Québec[1], la Cour suprême juge que l’exclusion d’une association de cadres de premier niveau du régime du Code du travail du Québec est constitutionnelle et qu’ils n’ont dès lors pas le droit de syndiquer. Il s’agit d’une décision favorable pour les employeurs en ce qu’une décision contraire aurait pu élargir de façon considérable le droit à la syndicalisation au pays ..read more

During the height of the 2020 Covid-19 pandemic, the employer, Concrete Lining Products, decided to close down operations from 25 March to 16 April 2020 whilst continuing to pay its employees in full for that period, with the amount paid to be offset against the employees’ annual leave for days not worked.   The applicant, a Mozambican national, returned to Mozambique over this period and only returned to work in October 2020.  He was subjected to a disciplinary hearing and dismissed for being “absent from work without permission – abscondment from June 2020 to 24 October 2020”. &nbs ..read more

The starting point under Singapore law is that any contractual term restricting a former employee’s business activities after termination of employment (known as a restraint of trade clause or a restrictive covenant) is – on its face – void and unenforceable for being a restraint on the freedom of trade and contrary to public policy. This is unless the former employer/company can show that the restraint of trade is: (a) necessary to protect a legitimate proprietary interest of the employer; and (b) reasonable in the interests of both the parties to the employment contract and the public. Two d ..read more

By: Nicki Milionis and Michael McCrae with thanks to Yasmine Sahihi and Amy Moore for their contributions Victoria’s first industrial manslaughter decision pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) was handed down in the Supreme Court recently in R v LH Holding Management Pty Ltd & Hanna [2024] VSC 90 (R v LH). LH Holding Management Pty Ltd (LH) pleaded guilty to a charge of workplace manslaughter contrary to s 39G(1) of the OHS Act.  Mr Hanna was the sole director of LH and was charged as an officer of a company that committed workplace ma ..read more

As we highlighted in our previous post (What to expect in employment law in 2024), 2023 saw the introduction of several significant employment legislative changes. Just to remind you of the changes due to come into effect in April. Holiday Leave and Pay: Provisions for irregular hours and part-year workers apply to leave years starting on or after 1 April 2024. These provisions will affect how holiday pay accrues and is carried forward for workers with irregular hours or part-year employment and will allow employers the option to pay rolled-up holiday pay. Carer’s Leave: From 6 April 2024, emp ..read more

  In Yacht Management Company Ltd v Gordon the Employment Appeal Tribunal (EAT) has upheld a decision of the Employment Tribunal, that there were numerous factors to support the Tribunal’s conclusion that it had jurisdiction to hear a claim of unfair dismissal brought by the employee because the seafarer’s “base” was her home in Aberdeen, Great Britain despite the fact that her “tours of duty” on the yacht all began and ended outside Great Britain and the yacht did not enter a UK port or UK waters at any time during her employment. Facts The employer, Yacht Management Company Ltd (YMC Ltd ..read more

German Federal Labour Court: The planned change of direction of the Sixth Senate In its decision of December 14, 2023 in case 6 AZR 157/22 (B), the Sixth Senate of the German Federal Labour Court, which is responsible for insolvency matters, announced that it would depart from existing case law pursuant to which a dismissal in the context of a collective redundancy pursuant to Section 17 (1) of the German Dismissal Protection Act (Kündigungsschutzgesetz – KSchG) is held to be invalid where a notification pursuant to Section 17 (1), (3) KSchG is missing or incorrect at the time of its declarati ..read more