Meet the Co-chairs - TAGLAW
Mitchell Silberberg & Knupp LLP
Ryan, Swanson & Cleveland, PLLC
LK Shields Solicitors
Employment and Labor Law
This article was originally published in Metro.
The last 12 months have seen a monumental cultural change, particularly for women. With the #MeToo movement, people are able to call out sexual abuse and harassment in ways that wouldn’t previously have been possible.
The latest sexist relic to be put under the spotlight was The Presidents Club charity gala, at which ‘hostesses’ were paid £150 for a 10 hour shift – £15 an hour – to be groped, propositioned and flashed at by wealthy, powerful guests at the Dorchester Hotel.
As the composition of the National Labor Relations Board (the "Board") shifts due to vacancies that have been filled by the new Presidential administration, there has been a noticeable trend towards more employer-friendly rulings from the Board. On December 14, 2017, this trend continued when the Board expressly overruled its August 27, 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB 186 (2015), which had established a new standard for determining joint employer status. In overruling Browning-Ferris, the Board stated that it was returning to the joint employer standard that had been in place for nearly thirty (30) years before the Browning-Ferris decision.
After 40 years of steady decline, statistics have confirmed that marriage rates across the UK are back on the rise. It seems appropriate therefore that in the space of a year the Isle of Man has witnessed the coming into force of two major pieces of legislation pivotal to the rights of persons of same sex or opposite sex couples. The Marriage and Civil Partnership (Amendment) Act 2016 took effect on 19 July 2017, making provision for the marriage of same sex couples as well as the partnerships of opposite sex couples. In an employment context, employees who exercise their right of marriage and civil partnership will be afforded protection pursuant to the Equality Act 2017 (“EqA 2017”), which received Royal Assent on 18 July 2017 and which builds upon and consolidates the existing law in this regard pursuant to section 5 of the Employment (Sex Discrimination) Act 2000.
According to a UK Government report, 77% of mothers surveyed had a negative or possibly discriminatory experience during pregnancy, maternity leave and/or on return from maternity leave.
11% had felt forced to leave their job. This figure included those that had been dismissed, those made compulsorily redundant and those feeling treated so poorly that they felt they had to leave their job.
Ms Avril Chapman commenced employment with Tassal Group Limited (Tassal) in August 2012.
At 4:46 pm on 25 April 2017, Ms Chapman telephoned Tassal and left the following message:
‘Hi Michelle, it’s Avril one of your most loved pains in the arse. Um it’s ANZAC Day, my birthday, and I admit I have over indulged so I’m taking into account one of the golden rules be fit for work and I’m not going to be fit for work so I won’t be there. But um love ya, catch ya on the flip side.’
Tassal proceeded to stand down Ms Chapman and required that she respond to the following allegation of misconduct: You had deliberately made a decision to consume alcohol to the extent that you would not be fit for work on 26 April 2017 when you were required to attend and be in a fit state to carry out your duties safely.
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