Tag Archives: employees

FWO finds Uber drivers are not employees

On 7 June 2019, the Fair Work Ombudsman (FWO) announced that it would not pursue Uber Australia Pty Ltd (Uber Australia) for employee entitlements after finding that Uber drivers are independent contractors and not employees of Uber Australia.

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’tis the season… for a legal hangover

Employers beware, the Christmas party is nearing and we could all be in for a legal hangover in the morning!

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You and your Rights – Sexual Harassment in the Commonwealth of the Bahamas

We have seen a great debate unfold in the United States over the last few months as to the rights of working women on the job. The movement is not gender specific nor is it limited to the dominant campaign which has been led by American women. The movement was started by Alyssa Milano, the “Charmed “actress. She fashioned the hash tag metoo and since, it has become a social media sensation. The purpose of the hash tag was to inform the public how pervasive the problem  of sexual harassment is .Today it is a platform for working men and women  to tell their stories of sexual violation and harassment in the workplace. Started by an actress, the # Metoo movement raises very important issues as to workplace safety and the rights of working women and men to work in a “sexual harassment free “environment. It has been characterized as a campaign which was started to expose the alleged sexual abuses of Hollywood powerful media mogul Harvey Weinstein. It has now morphed into a “heat seeking missile” exposing serial sexual abuse in the workplace. Since the Weinstein story broke the United States has witnessed an explosion of similar complaints across America. What about the Bahamas..?

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IRS Begins Issuing ACA Penalty Notices to Employers

The Internal Revenue Service (IRS) has made good on its promise to begin issuing Employer Shared Responsibility Payment (ESRP) notices to employers that have not provided adequate health insurance to their employees as required under the Patient Protection and Affordable Care Act (ACA). The ESRP notices being sent out are based on the information the IRS received from employers on their IRS Forms 1094-C and 1095-C for the 2015 tax year. Each ESRP notice includes a proposed ESRP amount for the employer to pay, an explanation for how the proposed ESRP amount was calculated, and IRS Forms 14764 (ESRP Response) and 14765 (Employee Premium Tax Credit Listing).

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Labor Court ruling prohibits professional from devulging industrial secrets of his former employer

The 2nd Labor Court of Barueri granted early protection to a company that accused one of its former employees of revealing and disclosing information and documents of a confidential nature that would have been subtracted from the company’s premises.

According to the case, the aforementioned former employee, upon leaving the company, filed Labor Complaint against the former employer requesting the receipt of amounts for having contributed intellectually to certain of the company’s innovation projects. However, such a request was denied by the Labor Court, which understood that he had, among his work assignments, the function of collaborating with innovation projects and that, in any case, there would be no proof that he would be the creator and holder of the rights intellectual property rights over the indicated projects.

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Dual entitlement to annual leave and workers comp affirmed

In 2015 the Federal Court confirmed in the case of Anglican Care v NSW Nurses and Midwives’ Association1 (which was a case relating to an underpayment claim) that employees receiving workers’ compensation may be entitled to continue to accrue annual leave. In that case, a nursing assistant claimed that she was entitled to be paid, on termination of her employment, for the annual leave she had accrued during the two year period she had been absent from work and receiving workers compensation payments.

Until the Anglican Care decision, it was widely accepted that the effect of section 130 of the Fair Work 2009 (Cth) (FW Act) was clearly to prevent an employee from accruing or taking annual leave while they are receiving compensation payments unless this was expressly permitted by the relevant state workers’ compensation laws. Given that such laws are concerned with compensating employees for loss of earnings when off work due to a compensable injury, they generally do not expressly provide an entitlement to annual leave.

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BizTips – Are your contractors actually employees?

How you hire or engage your workers can expose your business to tax and employment risks. The nature of those risks will change over time as your business evolves and the courts move the goalposts as to who or what is an ‘employee’.

Typically, the choice between whether the arrangement is one of employment or contracting. Employment provides and requires employee entitlements to be paid. In contrast contracting offers the worker the chance to be engaged on a contractual basis, usually in an attempt to split their income and/or reduce their tax burden. Engaging on a contracting basis also reduces the financial and compliance burden for the business that engages the contractor.

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Motivating and rewarding key employees through share-based incentives

There are various ways to motivate and reward key employees through share-based incentives.

The optimum structure for any given company will depend on its specific circumstances and commercial objectives.

Enterprise Management Incentive (EMI) option plans are widely recognised as an attractive and very tax efficient structure and are therefore the first port of call for many of our clients.

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Employee Handbooks – Should You Maintain One?

EMPLOYMENT LAW ESSENTIALS

E. Jason Tremblay

E. Jason Tremblay

A threshold issue facing many companies is whether to publish an employee handbook. The purpose of an employee handbook is to provide a company’s employees with the company’s policies and inform them of the rules that govern them throughout the stages of employment. Through an employee handbook, employers notify employees about the legal rights and obligations they both have in the employment relationship. While an employee must comply with the policies contained in an employee handbook, a handbook should not be drafted in a way so as to create an employment contract with the employee. In other words, the employee handbook, while specifically describing the rights and duties of the employee, should be drafted in a way so as to maintain the “at will” relationship between the employer and the employee.

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Aiding and Abetting Discrimination — Not Just For Employers and Supervisors Anymore

On May 31, 2017, the Second Circuit revived discrimination claims against two out-of-state, non-employer companies for alleged violations of New York State’s Human Rights Law (NYSHRL). In Griffin v. Sirva, Inc., the Second Circuit ruled that the trial court’s reasons for dismissing the claims conflicted with the guidance and authority that the New York Court of Appeals recently provided on the scope of the NYSHRL, which is likely to have a significant impact on who current and former employees sue for discrimination under New York law.

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