In brief - Decision in
Hammam Hijazi v Calvary Health Care ACT Limited [2021] FWC
13 suggests that while investigation reports can be used as
credible evidence to support a dismissal, key witnesses interviewed
as part of the investigation should be called to give evidence at
trial so that that they can be cross-examined
When an unfair dismissal matter progresses to a hearing in the
Fair Work Commission, parties will call witnesses to give evidence
to assist the Commission in reaching a decision. But what happens
when an employer tenders a workplace investigation report instead
of calling witnesses? This question was examined in
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The unanimous Supreme Court landmark ruling that Uber drivers
should be designated as workers and not as self-employed provides the drivers with a new raft of
basic rights such as paid holiday, rest breaks and to be paid the
national minimum wage will have a knock-on effect in
the entire gig-economy. Other organisations that function as
part of the gig-economy can expect to receive similar claims from
the individuals that, up until now, were regarded as self-employed
who will now claim the rights accorded to workers. There are
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We set out
here what we know about Hong Kong s COVID-19
vaccination programme. This will evolve as more information is made
available, so we will update the note regularly.
Every employer in Hong Kong should consider how the vaccination
programme could impact its business and which questions it may face
from employees and customers. In particular:
Can an employer oblige its employees
to be vaccinated?
Can an employer encourage its
employees to be vaccinated?
Can an employer track which of its
employees have been vaccinated?
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Based on some recent cases, it is strongly recommended that
employers have experienced employment lawyers review, at this time,
their existing employment contracts for their employees (or
consider whether to implement such employment contracts: usually a
very good idea).
In a surprising decision on January 14, 2021, the Supreme Court
of Canada dismissed the application for leave to appeal the
judgment in
Waksdale v Swegon North America Inc, 2020 ONCA
391. The Ontario Court of Appeal in
Waksdale held that any
termination clause in an employee contract that violates the
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As part of the practice of employment law, it is often the case
that an employee who has been dismissed complains that they were
not afforded procedural fairness .
Often the argument will be that their employer, in the process
of formulating its decision to dismiss the employee, failed to give
the employee a genuine and proper opportunity to respond to the
allegations and / or notice of the reason for the dismissal.
A recent decision of the Full Bench of the Fair Work Commission
provided some guidance on matters to consider when ensuring that