Employment Notes

UK: Internal grievance report could not retrospectively acquire legal privilege

Hong Kong: Disciplinary Procedures & Privilege

UK: over-thorough investigation did not render dismissal unfair

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair.  It is for the …

UK: Employer's duty of trust and confidence - caution needed before suspending to investigate alleged misconduct

A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes …

Australia: Romero v Farstad Shipping saga - A reminder to get your approach to company policies right

There has been further development in the Romero v Farstad Shipping saga, with the Full Federal Court this week dismissing each of Ms Romero’s appeal …

Asia: The Role of Unions

Unions are becoming increasingly prevalent across Asia. Here we take a look at which aspects of the employment relationship unions may be involved in …

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction …

Hong Kong: MIC Regime - Implications for HR

On 16 December 2016, the Securities and Futures Commission (SFC) issued a circular which introduces new measures to heighten the individual …

New Zealand: Fair and reasonable dismissals

The New Zealand Court of Appeal has ruled on the standard for employers in justifying dismissal decisions, finding it requires an overall assessment of …

UK: Unfair dismissal - broad investigation may be required where credibility of serious allegations at issue

Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry …

UK: Limits to HR role in disciplinary investigations confirmed

Following the decision in Ramphal, a further EAT ruling has reiterated the importance of confining HR's role in disciplinary proceedings to one of advice …

UK: Higher standard of investigation may be required where contractual discretion to decide facts

Where an employer had a contractual discretion to decide whether an employee had committed suicide (and therefore whether his widow would receive death …