Australia: Employer cops additional exposure to a $1.3 million damages bill because of worker’s post injury exacerbation

In this alert Brooke Jacobs, Special Counsel and Abbey Wilkinson, Solicitor, discuss the decision of the Victorian Supreme Court in Zealley v Liquorland (Aust) Pty Ltd & Anor [2015] VSC 62, which considers the apportionment of liability between an employer and a third party for an injury suffered by the plaintiff as a result of an event and then aggravated when working outside her “restricted duties”.

Key point

When an employee returns to work on “restricted […]

By | April 5th, 2015 ||

Czech Republic: Constitutional Court Finds That Hidden Recordings Of Employees May Be Used As Legal Evidence In Court Proceedings

Introduction

In the Czech Republic, the permissibility of using hidden recordings or other similar kinds of evidence within a court proceeding is quite questionable. At the end of 2014, the country’s Constitutional Court issued an interesting decision (II ÚS 1774/14 dated 9 December 2014) on such matters that is particularly relevant for employers, as it deals with a dismissed employee’s use of such means against his or her employer.

Factual background of the case

The employment relationship […]

By | April 5th, 2015 ||

U.S. Supreme Court Revives Suit Against UPS, Extending Mcdonnell-Douglas Burden Shifting Framework To Pregnancy Discrimination Cases

The U.S. Supreme Court vacated a Fourth Circuit decision Wednesday, reviving a pregnancy bias case against the United Parcel Service brought by a former delivery driver who was denied a light-duty work accommodation while pregnant. In doing so, the Court for the first time applied the well-known McDonnell-Douglas burden shifting framework to these types of pregnancy discrimination cases. However, this case may have limited impact because Congress has since amended federal discrimination laws to […]

By | March 27th, 2015 ||