In a recent decision, the Eleventh Circuit Court of Appeals addressed Florida's controversial "Stop WOKE" Act, which sought to limit mandatory employer-led training on topics deemed objectionable by the state, specifically those related to discrimination, diversity, equity, and inclusion.
The court's ruling struck down these provisions, emphasising the paramount importance of the First Amendment and its protections against content and viewpoint discrimination.
This decision reaffirms employers' right to conduct mandatory training sessions on a wide range of topics, including sensitive issues surrounding diversity and inclusion, without fear of punitive action from the state.
In the judgment of Shopee Singapore Pte Ltd v. Lim Teck Yong [2024] SGHC 29, the High Court of Singapore explored the balance between enforcing restrictive covenants in employment contracts and preserving an individual's right to work.
The judgment critically examines the enforceability of non-competition and non-solicitation clauses, underscoring the necessity for these covenants to protect legitimate business interests without overly restricting the employee's future employment opportunities.
On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002.
The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part.
In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada stated that the City of Sudbury, which had contracted with a third-party constructor for a construction project, had duties as an "employer" to ensure worker health and safety in the workplace, by the Ontario Occupational Health and Safety Act (the "OHSA").
On 2 November 2023, the Norwegian Supreme Court stated that offshore workers’ so-called “available time” - when the employee is available for the employer - pursuant to their CBA does not correspond to “working hours” under the Working Environment Act (“WEA”).
On 16 November 2023, the Fair Work Commission ruled on an employer's right to refuse a request for remote work.
The decision marks an important first step following the entry into force of the new flexible work legislation, the Fair Work Legislation Amendment (Secure Jobs, Better Pay), that came into force at the beginning of the year.
Among the significant changes introduced by the law is granting the Fair Work Commission the power to decide a dispute over a flexible work request.
On 15 November 2023, the Court of Appeal of Uganda reaffirmed the employer's right to terminate the employment relationship by providing notice or payment in lieu of notice.
It stated that where the notice period is observed, or compensation is paid in lieu thereof, employers are not obliged to give reasons for dismissal under Section 65(1)(a) of the Employment Act.
It is based on the assumption that termination of employment is distinct from dismissal for misconduct or poor performance, which requires procedures and reasons.
On 25 October 2023, the Gauteng High Court stated that Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment Act 1997 (BCEA) relating to the minimum period of maternity, parental, adoption, and commissioning parental leave are invalid.
The Court found that these provisions unfairly discriminate between mothers and fathers and between parents whose child is born of the mother, as opposed to surrogacy or adoption parents, in violation of the rights to equality and dignity of the Constitution of the Republic of South Africa.
The declaration of invalidity has to be confirmed by the Constitutional Court.
On 9 November 2023, the Court of Justice of the European Union ruled that Article 7 of Directive 2003/88 on certain aspects of the organisation of working time, in particular annual leave, does not preclude national rules or practices that limit the entitlement to paid annual leave once an employee has returned to work after a long period of incapacity.
Long periods of illness, even consecutive ones can result in a worker's absence, which defeats the purpose of the leave itself, namely to help the worker rest and benefit from a period of relaxation.
Consequently, on his return, the employee has no absolute right to take it.
On 19 October 2023, the Court of Justice of the European Union, in Case C-660/20, stressed that only objective reasons can justify treating part-time and full-time workers differently.
The Court ruled that domestic legislation that requires part-time employees to work an extra number of hours equal to that required of full-time employees to obtain a pay supplement is contrary to EU law.
That provision is discriminatory as it unfavourably treats part-time employees, who must perform more extra hours of service than their full-time colleagues to receive the same additional remuneration.
On 19 October 2023, the U.S. Equal Employment Opportunity Commission reached an agreement with the American company Dollar General, ending litigation started in 2017 for alleged violations of genetic and disability laws (EEOC v. Dolgencorp, LLC., Case No. 2:17-cv-01649-MHH) in the United States District Court for the Northern District of Alabama.
The Commission alleged that the Company required disclosure of a family member's medical condition during the pre-employment medical examination and used selection criteria that excluded qualified applicants with disabilities.
On 25 September 2023, the Workplace Relations Commission (WRC) rejected an employee claim, stating that employers who offer employees more favourable sick leave benefits are not obliged to pay statutory sick leave.
It is the first decision rendered on the issue after the Sick Leave Act 2022 (the Act) which came into force on 1 January 2023.
In ruling C-331 of 2023, Colombia's Constitutional Court declared the right to disconnect from work a human right that applies to all employees, regardless of their role and function, including those who perform public functions and those in managerial roles.
On 20 August 2023, the Court of Milan granted precautionary protection to a whistleblower, reinstating him in his position.
The worker had complained of economic and psycho-physical hardship for having been involved in some disciplinary proceedings following his whistleblowing on a scheme of falsification of travel documents by some colleagues.
On 24 August 2023, the Federal Labour Court declared the legitimacy of a dismissal without notice of an employee who sent insulting, racist, sexist, and violent comments about managers and colleagues in a private chat group with other colleagues.
On 3 July 2023, the Supreme Court confirmed the principle that the stipulation of equal height for men and women (1.60m) as a requirement for employment constitutes indirect discrimination against women.
The same requirement is neither objectively justified nor relevant and proportional to the duties deriving from the qualification attributed.
On 7 August 2023, the Supreme Court clarified that liability arising from the violation of fundamental rights by the direct employer (the contractor) cannot be extended to the main company in a subcontracting regime since this is an area in which the main company cannot intervene by express legal provision and in which it also has no power of control.
On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.
On 13 July 2023, the High Court ruled that the Conduct of Employment Agencies and Employment Businesses Regulations 2022, which removed the ban to hire agency workers while workers were on strike , are unlawful.
The ruling will enter into force as from 10 August 2023.
California's Supreme Court has agreed to review to the constitutionality of Proposition 22, a 2020 ballot measure that classified gig drivers as independent contractors.
On 8 June 2023, the Advocate General of the European Court of Justice (CJEU), in case C‑218/22, ruled that Member States may limit the monetisation of paid annual leave not taken at the end of the employment relationship.
Member States may impose conditions on workers exercising the right to annual leave to encourage their actual use instead of their monetisation.
The preference for the actual taking off paid annual leave is justified by the institution's purpose, which is to allow the worker to rest from the performance of the tasks assigned to him under his employment contract and benefit from a period of relaxation and recreation.
On 31 May 2023, the German Federal Labour (Bundesarbeitsgericht) rejected the claim of a German agency worker. It confirmed that the German collective labour agreement aligns with the EU Directive on temporary agency work.
It follows the preliminary ruling of the European Court of Justice of 22 December 2022 case C-311/21.
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.
On 13 April 2023, the Labour Court of San José stated that an employment relationship existed between Uber and a driver who provided his services for Uber from February 2017 to December 2022.
Uber has to pay the driver the corresponding sums for vacations, Christmas bonuses, and social security during employment.
The judge rejected the driver's claim on the right to overtime compensation, as Uber did not impose the hours, which were decided by the driver.
Last March, the South Australian district court rendered the first decision under Australia's whistleblowing laws, stating that a former civil servant could not be protected for alleged wrongdoing while collecting evidence to support his revelations about the Australian Taxation Office's unethical and aggressive pursuit of debts.
The judgment that caused considerable debate in the country is based on the Court's narrow interpretation of the scope of whistleblower protections, which would apply only to whistleblowing and not to the preceding preparatory conduct.
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.
On 24 March 2023, the long-awaited decision in the Deliveroo case in the Netherlands was published, upholding an earlier decision by the Amsterdam Court of Appeal that Deliveroo riders qualify as employees.
The Supreme Court confirmed that between Deliveroo and its riders, there is not an agreement for services but an employment agreement.
On 14 February 2024, the European Court of Human Rights clarified the criteria for assessing whether disclosure of confidential information obtained in the workplace is protected by freedom of expression under Article 10 of the European Convention of Human Rights (ECHR).
It stated that the State that convicts a former employee of an auditing firm for disclosing confidential information obtained in the workplace violates Article 10 of the ECHR on freedom of expression if that information is of particular interest to the public.
On 3 March 2023, the Federal District Court of Puerto Rico ruled that Puerto Rico Act No. 41 of 20 June 2022 (Act No. 41) was approved in violation of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA).
It also stated that changes to local employment statutes provided by the Act are null and void ab initio.
On 2 march 2023, the European Union Court of Justice, in Case C-477/21, stated that daily rest is additional to weekly rest, even when it directly precedes the latter and even when national legislation grants workers a period of weekly rest greater than that required by EU law.
On 11 January 2023, the National Industrial Court of Nigeria ("NICN") repealed a discriminatory law, thus demonstrating the attention and commitment to achieving gender equity.
In the case Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021), the Court stated the unlawfulness of a dismissal of an unmarried pregnant woman because it was based on a law that the Court annulled as discriminatory.
On 12 January 2023, the European Court of Justice ruled on equal treatment in employment and occupation concerning sexual orientation.
It stated that a refusal, based on the sexual orientation of the person concerned, to conclude or renew a contract with that person for the provision of certain services by that person in the context of a self-employed activity is contrary to the Employment Equality Directive (2000/78/EC).
On 22 December 2022, the European Court of Justice ruled that the employer must bear the cost of the vision devices purchased by its employees using video display screens, either through reimbursement of the expenses incurred or through the direct supply of lenses or spectacles.
On 25 January 2023, the Dismissal Board declared the legitimacy of dismissing a disabled employee with 45 years of seniority because the employee could no longer perform his job due to his disability.
The Luxembourg Court of Appeal clarified the employers' obligations regarding sexual harassment within their organisation.
The Court stated that the employer’s obligation to act and stop sexual harassment could only be validly implemented once the employee has made a precise report on the alleged acts, which is up to the employee to prove.
In Gramaxo v. Portugal judgment (no. 26968/1616), on 15 December 2022, the European Court of Human Rights established that it is legitimate the dismissal decided by the employer based on data collected by a GPS system installed on a vehicle used for work, to track the kilometres travelled.
It is the first time the Court ruled on a case of surveillance at work through a geolocation system, setting out the criteria to ensure the correct balance between the rights of the employee and the employer and the possibility of using the data collected in the process.
On 17 November 2022, the Court of Justice of the European Union ruled on corporate welfare in the case of a UK company that offered vouchers to its employees as part of a programme to reward the most deserving and efficient staff.
According to the European Court of Justice, such provision does not fall within the scope of Article 26 paragraph 1(b) VAT Directive, and those vouchers are not subject to VAT.
According to a recent ruling by Spain’s Supreme Court, employees dismissed during the Covid-19 pandemic are not automatically entitled to reinstatement.
The decision of 19 October 2022 clarifies an interpretative doubt that had led to the assumption that any dismissal linked to the Covid 19 crisis was forbidden, entailing its automatic nullity and the consequent reinstatement of the dismissed workers.
On September 2022, in the case of Kaushal Kishor Singh v/s M/S Sita Kouni World Travel India Limited (Writ Petition (c) 11631 of 2008), the Dehli High Court addressed the issue of the distinction between freelance and employee.
The Court defined a “freelancer” as a person who acts independently, without being affiliated with an organisation, in the business of selling his services and skills to different employers for a specified period, with the ability to pick and choose assignments.
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