Australia: "Without prejudice" not enough to keep employee's files confidential

There’s a very real risk that ‘without prejudice’ offers may be seen as a constructive dismissal or a predetermination of the outcome of an investigation.

The Fair Work Commission has ordered an applicant to hand over “without prejudice” files, sending a warning to anyone thinking of drafting these documents without legal assistance (Hammerton v Knox Grammar School [2013] FWC 9024).
Did she jump or was she pushed?
Ms Hammerton was in dispute with her employer, Knox Grammar […]

By | November 28th, 2013 ||

Quebec Law: A Quebec Decision Addresses An Employer's Ability To Waive Notice Of Resignation

The March 2013 Quebec Court of Appeal decision of Asphalte Desjardins v Commission des Normes du Travail is a game-changer for employers and employees alike. Employers are no longer bound by the notice period given to them by employees who resign, thus removing their obligation to pay the employee for the duration of the notice period.

The facts of this case are simple and not uncommon. Mr. Guay, who worked intermittently for Asphalte Desjardins for […]

By | November 28th, 2013 ||

Australia: ASIC proposes to update its employee incentives schemes policy

The Australian Securities and Investments Commission (ASIC) has recently announced that in light of various legislative changes and market developments, it has revisited its policy in relation to employee share schemes and the scope of relief that it grants to requirements under the Corporations Act 2001 (Cth) (Act) for offers made under those schemes.

In our previous article, we discussed the release of a discussion paper by the Federal Government which explored alternatives for making employee share schemes […]

By | November 28th, 2013 ||