Employment Notes

UK: 'reasonable and proper cause' needed to justify suspension pending disciplinary investigation

Vietnam: Changes to Labour Regulations

On 15 December 2018, Decree No. 148/2018/ND-CP ("Decree No. 148") came into effect. Decree No. 148 introduced amendments to Decree No. 05/2015/ND-CP, the …

Hong Kong: The Requirement of Being 'Fit and Proper'

In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these …

China: How to Approach Employee Dismissals

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, …

Thailand: Preparing Valid Warning Letters

Thai labour law provides that in the event that an employee violates an employer's work rules, regulations or orders in circumstances where the employer …

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 …

UK: Disciplinary hearings- nominal damages for refusal of an unsuitable companion

Employers will welcome a tribunal decision that damages for failure to allow a chosen companion at a disciplinary hearing should be nominal where the …

Australia: Key decision on directing employees to see a doctor

The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can …

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what …

UK: Discipline - gross negligence can be gross misconduct justifying dismissal without notice in some circumstances

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and …

UK: Disciplinary policies - employers should review provisions on expiry of warnings

Employers may wish to review their disciplinary and capability policies, in particular whether and when warnings are stated to expire and in what …