Employment and Labor Law

Emily Haar and Professor Andrew Stewart discuss Mondelez and other recent developments in employment law in Australia.

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On June 25, 2019, Governor J.B. Pritzker signed into law the Illinois Cannabis Regulation and Tax Act (Cannabis Act), effective January 1, 2020, making Illinois the 33rd state (including D.C.) to legalize marijuana for recreational or medicinal use. Illinois’ action demonstrates a growing trend to legalize some form of marijuana use and certainly highlights the growing conflict between federal and state laws. The trend particularly impacts employers, who are left to determine the extent to which they can continue to test for marijuana use and discipline employees for a positive test.

Read more: The Growing Marijuana Trend Increases Employer Uncertainty in Drug Testing and Discipline

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an independent contractor. Much of the commentary surrounding AB 5 to date has focused on its effect on app-based gig-economy businesses like Uber, Lyft, and DoorDash, however, AB 5’s reach will undoubtedly require all types of employers and service providers to carefully consider the circumstances under which they rely on independent contract classifications to operate their businesses and provide services to clients.

Read more: California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor...

ZUL RAFIQUE & partners’ Employment & Industrial Relations team, Ms Wong Keat Ching and Mr Muhamad Sharulnizam Mohd Roni, succeeded in defending Petroliam Nasional Berhad (PETRONAS) in an unfair dismissal claim in the case of Khaw Yao Shun v PETRONAS. Khaw Yao Shun (‘the Claimant’) was a former Executive (Mechanical Engineering), who was charged for misconduct relating to workplace bullying or harassment towards a colleague as well as deliberate damage of the Company’s property, by pouring hot beverage onto a colleague’s laptop.

Read more: Industrial Court Upheld Dismissal of Employee Found Guilty of Workplace Bullying

On May 30, 2019 changes to the BC Employment Standards Act were made, triggering the responsibility of employers to make sure that their practices are compliant. Read the June issue of our Workplace Law Strategies authored by Rose Keith to learn about the five key areas that all employers should be ensuring they are compliant with.

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