Employment and Labor Law

Generally, the employees we move are concerned about maintaining contributions in the country of origin for future benefits, whether unemployment, retirement, etc. However, and under Regulation (EC) 883/2004 of the European Parliament and of the Council of April 29, 2004 on the coordination of social security systems, the Social Security Coordination Regulations that exist in the European Union, the different requirements for those employees who temporarily move through their companies to another EU state, European Economic Area or Switzerland are framed for the purpose of continuing to be subject to the Social Security legislation of the country of origin, and which are as follows:

Read more: Social Security Under Community Regulations

In Part 1 of our three-part special edition dealing with the changes to whistleblower protections, Emily Haar is joined by Tim Lange and Ben Motro to discuss what the changes are, where they have come from, and what HR managers need to know.

Listen to the podcast.

Authors: Mark Caile, Tim Lange

Employees affected by a psychological disability are as capable as any other employee of engaging in poor workplace conduct that needs to be managed by the employer. The issue of whether the poor conduct is a feature of the disability can often lead to reluctance to deal with it, out of a concern that doing so amounts to unlawful discrimination, especially when the employee makes exactly that assertion when faced with the prospect of performance management or discipline.

Read more: When Can an Employer Manage Employee Conduct Which is Related to a Disability Without Doing so...

Authors: Hannah Linossier, Tim Lange

Following the passage of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017, the impact of a failure to keep records is much more significant in light of the new reverse onus provisions placed on employers. The recent decision of Ghimire v Karriview Management Pty Ltd (No 2) [2019] FCA 1627 has tested the new provisions, in dealing with an allegation by two former employees that their employer had failed to pay them for all hours worked under the relevant award.

Read more: Off the Record – Failure to Keep Accurate Records Sinks Employer’s Underpayment Defence

Authors: Rebecca Stevens, Partner & Stephanie Huestis, Associate

A recent ruling by the New South Wales Workers’ Compensation Commission has found that a contestant on the television program ‘House Rules’ was legally an employee of the Seven Network, entitling the contestant to compensation pursuant to s 60 of the Workers Compensation Act 1987 as a result of a psychiatric injury she sustained whilst appearing on the show.

Read more: Reality Bites – Court Deems House Rules Contestant a Network Employee