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Newsletter August, 2024

South Africa: decision on fairness of dismissals

August, 2024
Newsletter July, 2024

Australia: Decision on evidence of injury at work

July, 2024
  • On 22 February 2024, the Supreme Court of New South Wales dismissed a negligence claim in a workplace slip incident.
  • The Court found that the company had taken reasonable precautions to ensure safety and that there was insufficient evidence to prove that the accident resulted from their negligence. This emphasizes the importance of evidence in establishing negligence and the inherent safety of workplace conditions.
Newsletter March, 2024

Canada: decision on poof of evidence in case of dismissal

March, 2024
  • On 23 January 2024, the Court of King's Bench of Manitoba decided on a wrongful dismissal case.
  • The decision is based on the employer's need for more rigorous proof of the facts underlying the dismissal. 
Newsletter June, 2023

China: Decision on the use of WeChat and overtime

June, 2023
  • A Beijing court ruling ordered an employer to compensate an employee for sending WeChat work messages after working hours.
  • This recent lawsuit, related to working overtime through the use of WeChat, opened a great discussion in China. 
  • It is an important reminder that to establish a system of non-fixed working hours for an employee, the local labour administration requires written authorization.
Newsletter June, 2022

Germany: Federal Labour Court on the Burden of Proof in Litigation regarding Remuneration for Overtime

June, 2022
  • The Federal Labour Court on 4 May 2022 confirmed that in overtime proceedings, according to the German Law, employees must prove not only that they have worked overtime, but also that this has been ordered or at least approved by the employer.

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