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Newsletter avril, 2024

USA: Stop WOKE law enforcement blocked

avril, 2024
  • 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.

Singapore: Decision on post-employment restraints

avril, 2024
  • 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.
Newsletter mars, 2024

Argentina: new president issues emergency decree on labour issues

mars, 2024
  • On 20 December 2023, the Argentine government introduced Decree 70/2023, aimed, among others, at reshaping the employment landscape. 
  • This reform was, however,halted. Trade unions obtained injunctions against the enforcement of the labour chapter and a partial ruling by a labour court has suspended the effects of the new law. 
  • The decision now lies with the national Supreme Court of Justice.

USA: Whistleblower Retaliation

mars, 2024
  • 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. 

Canada: decision on poof of evidence in case of dismissal

mars, 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 février, 2024

Indonesia: guidance on Compensation Pay and Balance of Contract Pay for Fixed-Term Employees

février, 2024
  • On 29 December 2023, the Supreme Court issued Circular Letter No. 3 concerning the compensation and balance of contract pay for fixed-term employees.
  • It implements the 2023 Supreme Court Guideline for the Role of Indonesian Courts (“SEMA No. 3”) to be applied when settling labour disputes. 

Canada: New definition of employer under the Occupational Health and Safety Act

février, 2024
  • 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").

Norway: decision on working and available time

février, 2024
  • 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”).

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