United States: SEC Declares Open Season On Employee Agreements

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced an enforcement action—the first of its kind—against KBR, Inc., for requiring employees involved in internal investigations to maintain confidentiality, which is in violation of the SEC’s whistleblower rules. The SEC found KBR’s requirement that employees involved in internal investigations sign and abide by confidentiality statements with language cautioning that they could face discipline if they discussed the matters with outside parties […]

By | April 8th, 2015 ||

Australia: Could your company policies be viewed as forming part of your employment contracts?

The first quarter of 2015 has seen a number of key decisions relating to bargaining and industrial action under the Fair Work Act 2009 (Cth) (FW Act).

We summarise and analyse three of the more important decisions in this In Brief, highlighting their implications for employers.

GOOD FAITH BARGAINING – ‘SURFACE BARGAINING’ CONSIDERED

In APESMA v Peabody Energy Australia Coal Pty Ltd [2015] FWCFB 1451 (3 March 2015), a Full Bench of the Fair Work Commission (FWC) […]

By | April 6th, 2015 ||

Australia: Employer cops additional exposure to a $1.3 million damages bill because of worker’s post injury exacerbation

In this alert Brooke Jacobs, Special Counsel and Abbey Wilkinson, Solicitor, discuss the decision of the Victorian Supreme Court in Zealley v Liquorland (Aust) Pty Ltd & Anor [2015] VSC 62, which considers the apportionment of liability between an employer and a third party for an injury suffered by the plaintiff as a result of an event and then aggravated when working outside her “restricted duties”.

Key point

When an employee returns to work on “restricted […]

By | April 5th, 2015 ||