Australia: Victorian Supreme Court confirms tort of intimidation is part of Australian Law

The decision of the Supreme Court of Victoria in Boral Resources (Vic) Pty Ltd v CFMEU [2014] VSC 429 (16 September 2014) (Boral) highlights an important response that is often available to employers when confronted with unruly unprotected industrial action by unions and/or employees.
THE CASE
In February 2013 a number of subsidiaries of Boral Limited initiated proceedings in the Supreme Court against the Construction, Forestry, Mining and Energy Union (CFMEU), in respect of bans imposed […]

By | October 23rd, 2014 ||

United States: New Massachusetts Law Requires Employers to Provide Domestic Violence Leave

Governor Deval Patrick recently signed into law An Act Relative to Domestic Violence (ARDV), a statute that requires covered employers to provide employees with up to 15 days of unpaid leave in the event that the employee or a close family member is a victim of domestic violent or certain other abusive behavior. This new law is effective immediately and applies to all Massachusetts employers with 50 or more employees. Notably, in addition to […]

By | October 22nd, 2014 ||

United States: Employee Or Employer? Terminated Doctor Loses Appeal In Discrimination Case Because Of Employer Status

The Seventh Circuit Court of Appeals recently affirmed a lower court’s conclusion that a doctor in a service corporation was actually an employer, and thus could not bring a claim under federal discrimination statutes based upon her termination. Bluestein v. Cent. Wisconsin Anesthesiology, S.C., 13-3724, 2014 WL 5176397 (7th Cir. Oct. 15, 2014). The case highlights the complex test that courts apply in determining whether a member of a professional business entity is eligible […]

By | October 22nd, 2014 ||