Welcome to our monthly blog, where we provide you with some of the latest updates and insights from our in-house employment law specialist, Sanam Ahmadzadeh Salmani.
Australia
This month, employers should draw their attention to a recent case involving an employee being unfairly dismissed: Eptesam Al Bankani v Western Sydney Migrant Resource Centre Ltd.
This case involved an employee who was summarily dismissed for not maintaining client records as per the company’s policies. The employee brought an unfair dismissal claim that she was not aware of her obligations and never received any policy training. When put to the test, the Fair Work Commission determined that the policy was lengthy, complex and not suited for the employer’s workforce/industry, plus the policy also failed to specify what would constitute serious misconduct.
This case serves as an important reminder to check your policies to ensure that they are reasonable, accessible, easy to understand, and adapted to suit your industry.
Additionally, you can download our 2023 Australian employment law updates factsheet for a comprehensive overview of this year’s changes.
It’s also essential to be aware of significant legislative changes. Part 1 of the Closing Loopholes Bill has been passed, which you can learn more about in our Closing Loopholes Bill webinar.
Keep an eye out for further updates in our Part 2 webinar as more changes are expected to come.
New Zealand
Fair Pay Agreements (FPA) have shown some movement in the last couple of months.
Currently, one application for waterside workers is being assessed by MBIE. Five applications have been submitted for approval to initiate bargaining, which include the following industries:
- Hospitality
- Grocery supermarket retail
- Security officers and guards
- Commercial cleaners
- Early childhood education
Bargaining has also commenced for bus/coach drivers and cleaners. Please note that it may take some time for the parties to reach an agreement, and due to this there isn’t a clear timeframe on when they will reach ratification.
Significant changes have been made to health and safety committees and representatives under the Health and Safety at Work Act. The three major changes are in effect now and you should take note of the following:
- If a worker requests for a health and safety representative, then the business must initiate an election;
- If a health and safety representative or five or more workers asks for a health and safety committee, the business must establish one; and
- A small business can no longer rely on saying they do not fall under the ‘high-risk sector or industry’ as the reason to decline a health and safety representative or committee.
United Kingdom
Responding to data subject access requests from an employee can feel overwhelming and complex. Thankfully, you can now refer to new guidance from the UK Information Commissioner’s Office (ICO). To address a rise in complaints relating to the right of subject access, the ICO has recently published a Q&A page to help employers understand their obligations when they receive a request.
The Employment Relations (Flexible Working) Act 2023 received Royal Assent on 20 July 2023. Coming into effect in 2024, the new legislation amends the existing flexible working regime which is set out in statute. The changes to be mindful of are:
- Employees can make 2 flexible work requests in a 12 month period;
- Employers are required to respond to these requests within two months;
- Employees no longer are required to detail how the flexible work request may be handled by the employer; and
- Employers will be required to consult with the employee before rejecting the flexible work request.
Singapore
The Singapore government has accepted the final recommendations from the Tripartite Committee of Workplace Fairness. These recommendations aim to strengthen protections against discrimination and to provide assurance to workers that they can report any of these concerns without fear of retaliation. While no action is needed, it’s a good time to start thinking of how this may impact the workplace, as these changes will most likely be implemented in 2024.
Stay tuned for more updates and insights from our in-house employment law specialist next month.
To ensure you understand workplace health and safety requirements in Australia, join our webinar on workplace health and safety.
Disclaimer: The information in this article is current as at 17 August 2023, and has been prepared by Employment Hero Pty Ltd (ABN 11 160 047 709) and its related bodies corporate (Employment Hero). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. Employment Hero does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and seek professional advice before making any decisions or relying on the information in this article.
