Australia: The demise of the Road Transport and Distribution Award?

In a decision with major implications for employers employing delivery drivers, a Full Court of the Federal Court (in Transport Workers Union of Australia v Coles Supermarkets of Australia Pty Ltd [2014] 3 November 2014) determined that:

Coles’ employee delivery drivers or Customer Service Agents (CSAs) are covered by the Road Transport and Distribution Award 2010 (Transport Award);
the CSAs are also covered by the General Retail Industry Award 2010 (Retail Award); and
as the relevant classification […]

By | January 22nd, 2015 ||

United States: $300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc)

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from her employment. After an eight-day trial, the jury found ASARCO liable on Aguilar’s sexual harassment claims in violation of Title VII of the Civil Rights Act but not on her […]

By | January 21st, 2015 ||

United States: Connecticut Expands Restrictions On Employer Use Of Criminal Records

A new Connecticut law taking effect October 1 amends the state’s existing statute regulating employer use of criminal records in hiring and personnel decisions. The amendment specifically prohibits employers from denying employment to a prospective employee solely because the employee had a prior conviction for which he received a “certificate of rehabilitation.” Along these lines, an employer may not terminate the employment of a current employee solely because the employee, prior to being […]

By | January 21st, 2015 ||