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Newsletter May, 2023

South Africa: new Employment Equity Act signed

May, 2023
  • On 12 April 2023, the Employment Equity Act (2020) was signed into law. 
  • It amends the existing Employment Equity Act 55 of 1998, aiming to promote diversity and equality in the workplace.
  • It applies only to companies employing more than 50 people.

Canada: a proposal on termination protection for remote workers

May, 2023
  • On 13 March 2023, the Ontario Government announced a proposal to the Employment Standards Act, 2000 (ESA) and related regulations that would entitle remote employees to termination notices in case of a mass termination.

Ireland: the dismissal for failing to pay for products from the employer's store is fair

May, 2023
  • On 17 March 2023, the Irish Labour Court overturned a €7,500 award to a former Aldi employee dismissed for gross misconduct, as he had taken products without paying for them from the employer's store on seven different dates from 25 November 2020 to 14 January 2021.

Spain signed a new employment and collective bargaining agreement for improving working conditions for workers and the competitiveness of companies

May, 2023
  • On 10 May 2023, social partners signed the V Agreement for Employment and Collective Bargaining (V Acuerdo para el Empleo y la Negociación Colectiva, AENC).
  • It was signed by all the trade unions CCOO and UGT and the employers' associations CEOE and CEPYME. 
  • It aims to enrich the content of collective bargaining and adapt it to the changes and realities in the labour market, as well as to address content that contributes to tackling structural problems such as inequality between women and men or preserving the health and safety of workers.
  • The V AENC will be in force from 2023 to 2025.

UK: New guidance on positive action in the workplace

May, 2023
  • On 17 April 2023, UK Government published “Positive action in the workplace: guidance for employers,” explaining how employers can help people who share a particular protected characteristic to overcome specific barriers with positive actions without unfairly disadvantaging other groups as this could amount to an unlawful ‘positive discrimination.’
  • It covers all protected characteristics, including sex, sexual orientation, age, and ethnicity.
  • It is a part of the ongoing government’s inclusive strategy to support employers in creating opportunities for underrepresented groups within their workforce.

Ecuador: “Violet Law” enacted

May, 2023
  • On 10 January 2023, the National Assembly of Ecuador passed the Organic Law to Promote the Violet Economy, aiming to achieve equal treatment and rights between men and women and to prevent and eradicate gender-based violence.
  • It came into effect on 20 January after its publication in the Official Register.

Goldman Sachs ends lawsuit on gender discrimination

May, 2023
  • On 15 May 2023, the United States District Court for the Southern District of New York granted preliminary proposal approval for one of the largest discrimination settlements in US history.
  • The lawsuit accuses Goldman of hindering women's career advancement, as the company's performance appraisal process allegedly favored men with promotions and higher salaries.
  • Goldman Sachs will pay $215 million to settle the class action lawsuit, covering approximately 2,800 females.